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Supreme Court Case Challenges Executive Power on Asylum Processing

3/25/2026, 1:47:22 AM

Core Event: DOJ vs. Lower Courts on Asylum Claims

The Department of Justice (DOJ) is set to argue before the Supreme Court that lower court rulings are undermining the federal government's authority to manage asylum claims at the southern border. This case, Noem v. Al Otro Lado, questions whether migrants stopped on the Mexican side of the U.S.–Mexico border can be considered as having "arrived in the United States" under the Immigration and Nationality Act. The outcome could significantly impact how asylum claims are processed.

Background & Context: The Practice of Metering

The case stems from a 2017 lawsuit initiated by the immigrant rights group Al Otro Lado and several unnamed asylum seekers. The plaintiffs challenge the practice of "metering," which allows U.S. Customs and Border Protection officers to turn away migrants when border facilities are at capacity. This practice was first implemented during the Obama administration and has been a point of contention in the ongoing debate over immigration policy.

Key Figures & Groups

  • Department of Justice (DOJ): Represented by Solicitor General John Sauer, the DOJ argues that the appeals court's decision limits the executive branch's ability to respond effectively to surges in illegal migration.
  • Al Otro Lado: An immigrant rights organization that has brought the lawsuit against the federal government, claiming that metering is an unlawful policy.

Official Statements & Responses

The DOJ contends that the appeals court ruling strips the executive branch of a necessary tool to manage border surges, stating, "Administrations of both major parties have opposed the decision, which deprives the Executive Branch of a critical tool for addressing border surges and preventing overcrowding at ports of entry." In contrast, the plaintiffs' lawyers argue that the interpretation of the law by the DOJ is flawed, asserting that the focus on the word "in" renders the statutory text nonsensical.

Criticism & Opposition

Critics of the metering practice, including the plaintiffs in this case, argue that it constitutes an unlawful "turnback policy." They assert that it unfairly denies migrants their right to seek asylum, which is mandated by U.S. immigration law. Additionally, border hawks have raised concerns about the asylum system being exploited, claiming that many migrants submit meritless claims and fail to attend their hearings.

Conflicting Reports & Gaps

There is a notable discrepancy regarding the effectiveness of past immigration policies. While the DOJ claims that the Trump administration's crackdown has significantly reduced illegal migration, critics argue that the current asylum system is still vulnerable to abuse, suggesting that the issue is more complex than the DOJ's framing.

What's Next: Anticipated Ruling

A ruling from the Supreme Court is expected by the summer, which will clarify the extent of executive power in managing asylum claims and could reshape the future of U.S. immigration policy. The outcome will likely have significant implications for both migrants seeking asylum and the federal government's approach to border management.