Overview
- On Nov. 17, the Supreme Court granted review in Noem v. Al Otro Lado, with arguments expected in late winter or early spring and a decision likely by the end of June.
- The case turns on whether a noncitizen has "arrived in" the United States for asylum purposes upon encountering officials at a port of entry on the Mexican side under 8 U.S.C. §§ 1158 and 1225.
- A 2–1 Ninth Circuit panel held that presenting to U.S. officers at a port of entry constitutes arrival and requires inspection and processing, and the court declined en banc rehearing over multiple dissents.
- The Justice Department, led by Solicitor General D. John Sauer, argues the ruling misreads the statute and strips the Executive Branch of a tool to manage surges, saying metering should remain an option.
- Plaintiffs including Al Otro Lado contend metering unlawfully blocked access to asylum, note the practice was rescinded in 2021, and argue the dispute has limited present practical effect.