Supreme Court to scrutinize former policy of turning away asylum seekers at southern border

Key Points:

• The Supreme Court is set to review the legality of the "metering" asylum policy, initially introduced under Obama, expanded by Trump, and rescinded by Biden, which limited migrants' ability to start asylum applications at the southern border.
• The key legal question is whether migrants stopped on the Mexican side of the border are covered under federal law requiring processing of asylum seekers who "arrive in" the United States, with the administration arguing they are not.
• Lower courts, including the 9th Circuit Court of Appeals, have ruled against the metering policy, stating that federal law requires inspection and processing of asylum seekers regardless of which side of the border they are on.
• Although Biden rescinded the policy, his administration has continued to defend it in court as a necessary tool to manage border capacity, while Trump’s administration has sought to reinstate restrictive immigration measures.
• Critics argue the policy creates a humanitarian crisis by forcing migrants to wait in dangerous conditions in Mexico, effectively denying them access to asylum processes guaranteed by law, drawing historical comparisons to past US refugee refusals.