Credited from: NPR
The U.S. Supreme Court has ruled in a 6-3 decision that the Trump administration has the authority to turn away asylum seekers at the U.S.-Mexico border if they have not yet set foot in the country. This ruling allows the revival of a policy known as "metering," which enables government officials to deny entry to those seeking asylum when border conditions are deemed overburdened, according to Reuters and BBC.
Justice Samuel Alito, writing for the majority, clarified the legal interpretation of "arrival" in U.S. immigration law, asserting that asylum seekers must physically enter the U.S. to qualify for asylum, thus ruling that individuals still in Mexico do not have such rights. This decision overturns a lower court's finding that ruled the policy unlawful and effectively reinforces the Trump administration's strict immigration stance, reports NPR and Al Jazeera.
The dissenting justices, including Sonia Sotomayor, argued that the ruling circumvents established U.S. law designed to protect asylum seekers and allows for undue cruelty by refusing entry to those fleeing persecution. Sotomayor stressed that the policy could force many to take dangerous routes in search of refuge, thus exacerbating their plight, according to India Times and Al Jazeera.
This decision revives the policy that was originally enacted during the Obama administration in 2016 and further expanded under Trump’s first term. The Biden administration had rescinded this policy; however, the Supreme Court’s ruling opens the door for its reinstatement amid ongoing challenges surrounding asylum processing, according to BBC and India Times.