Justices examine whether limiting asylum processing at ports of entry can be reinstated despite prior legal challenges.
By yourNEWS Media Newsroom
The U.S. Supreme Court heard arguments Tuesday over whether the Trump administration may reinstate a border policy that restricts how many migrants can apply for asylum at official entry points along the southern border.
The policy, commonly referred to as “metering,” allows immigration officials to limit daily asylum processing based on capacity, requiring some migrants to wait before being permitted to apply. The administration is seeking to overturn a lower court ruling that blocked the practice.
During oral arguments, several conservative justices appeared open to the government’s position that the policy should remain available as a management tool during periods of increased migration. The Justice Department argued that limiting intake at ports of entry is necessary to manage operational constraints and has been used under multiple administrations.
Other members of the court raised concerns about how the policy functions in practice, particularly whether it creates unequal treatment between migrants who attempt to enter through official crossings and those who cross the border unlawfully.
Justice Brett Kavanaugh questioned the legal implications of such distinctions. “Why would Congress privilege someone who illegally enters the United States?” he asked during the proceedings.
Representing the administration, Vivek Suri, an assistant to the solicitor general, argued that the policy does not permanently deny access to asylum but instead delays it based on capacity limitations. “It’s saying our port is at capacity today, try again some other day,” he told the court.
The policy is not currently in effect. At the start of his second term, President Donald Trump ordered a broader suspension of asylum processing at the border. However, administration officials maintain that retaining the authority to implement metering in the future is important for border management.
Opponents of the policy argue that its prior use contributed to humanitarian challenges, as migrants turned away from ports of entry gathered in temporary camps on the Mexican side of the border while waiting for access to the asylum system.
The case centers on whether federal law permits immigration officials to limit access to the asylum process at official entry points and whether such restrictions align with congressional intent.
A decision from the court is expected at a later date and could determine the extent of executive authority over asylum procedures at U.S. borders.
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