The Supreme Court agreed Monday to hear Noem v. Al Otro Lado , a case reviewing a policy used by past administrations to deny immigrants a chance to apply for asylum on the Mexican border until space opened to process claims.

The Trump administration is appealing a decision made by the Ninth Circuit on October 23, 2024, to strike down “ metering ,” a practice where U.S. border agents cap the number of people seeking asylum at border crossings. Attorneys from the Department of Justice (DOJ) filed a petition for a writ of certiorari on July 1, 2025. An immigrant seeking asylum may apply under the Immigration and Nationality Act, specifically 8 U.S.C. 1158(a)(1).

Metering was first used during President Obama’s administration. At the time, it was used near the border between Sa

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