The Supreme Court has cleared the way for the Trump administration to potentially revive an immigration policy that limits the number of people who can apply for asylum each day at the U.S.-Mexico border.

Background on the Policy

The policy, known as metering, was first used during President Barack Obama’s administration and was expanded to all border crossings from Mexico during President Donald Trump’s first term. It was ended in 2020 due to the coronavirus pandemic and was formally rescinded by President Joe Biden in 2021.

Advocates argue that the tactic created a humanitarian crisis, with thousands of people settling in unsafe makeshift shelters to await their turn. The Trump administration argued that it was necessary to deal with an increase in asylum seekers at the border.

Supreme Court Ruling

The Supreme Court, in a 6-3 decision, overturned a lower court order blocking the practice. The justices ruled that the administration can potentially revive the policy, which is not currently in place.

The case is one of several immigration suits the Supreme Court is considering this term, including Trump’s push to end birthright citizenship and his administration’s effort to strip legal temporary protections for migrants fleeing instability and armed conflict.

Under federal law, migrants who arrive in the U.S. must be able to apply for asylum and be screened for fear of persecution in their home countries. The Justice Department argued that people stopped by authorities haven’t arrived, so immigration agents don’t have to let them apply.

Attorneys for people seeking asylum say the law has long meant that anyone arriving at a port of entry should be screened, and blocking arrivals disregards the nation’s ideals.

Original reporting: Texas Tribune (HLL/CB) — read the source article.