Supreme Court to Review Policy Denying Asylum to Migrants at Mexican Border
The Supreme Court has agreed to review a policy used by past administrations to deny migrants the opportunity to apply for asylum at the Mexican border until space becomes available to process their claims. This policy, known as metering, was first implemented during President Barack Obama’s administration and was expanded during President Donald Trump’s term in office.
Background and History of the Policy
Metering was initially used to manage the large number of Haitians seeking asylum at the San Diego-Tijuana border crossing. The practice involved capping the number of people allowed to seek asylum at border crossings, effectively prohibiting migrants from entering the U.S. to make their claims. This policy was later expanded to all border crossings from Mexico during Trump’s presidency.
The use of metering was halted in 2020 due to the COVID-19 pandemic, which led to even more severe restrictions on asylum-seekers. In 2021, President Joe Biden formally rescinded the use of metering. Despite this, the Justice Department has pushed for the Supreme Court to hear the case, arguing that the lower court rulings have taken away a critical tool for controlling the processing of inadmissible aliens during border surges.
Constitutional and Legal Implications
U.S. District Judge Cynthia Bashant ruled in 2021 that metering violated migrants’ constitutional rights and a federal law requiring officials to screen anyone seeking asylum. The 9th U.S. Circuit Court of Appeals affirmed Bashant’s ruling, with twelve of the twenty-nine judges on the court voting to rehear the case. This strong signal may have caught the attention of the Supreme Court justices, leading to their decision to review the policy.
Asylum seekers who are granted asylum are unable to be deported and are allowed to work legally, bring immediate family members, apply for legal residency, and eventually seek U.S. citizenship. To qualify for asylum, individuals must demonstrate a fear of persecution in their home country due to specific reasons such as their race, religion, nationality, membership in a particular social group, or political opinion.
Next Steps and Implications
The case will be argued in the late winter or early spring, and the Supreme Court’s decision will have significant implications for migrants seeking asylum at the Mexican border. The Justice Department’s push for the court to hear the case highlights the ongoing debate over immigration policies and the treatment of asylum seekers.
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