Asylum metering at the border

Status: Decided — Mullin v. Al Otro Lado (No. 25-5)

Decided 6-3 (June 25, 2026) — CBP border "metering" upheld; Ninth Circuit reversed and remanded

Next step: Remand to the U.S. Court of Appeals for the Ninth Circuit for further proceedings consistent with the opinion (no date set).

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

Decided 6-3 (June 25, 2026) — CBP border “metering” upheld; Ninth Circuit reversed and remanded

Who it affects

Asylum seekers physically located on the Mexican side of U.S. southern-border ports of entry who have not yet crossed into U.S. territory: under this ruling they have not “arrived in the United States” and cannot invoke the statutory right to apply for asylum, so CBP may turn them back via metering. People who have already physically crossed into and are present in the United States retain the statutory ability to apply for asylum and were not stripped of that right by this decision.

How it got here

  1. Nov 2016 DHS/CBP began the "metering" policy — capping the number of arriving migrants inspected and allowed to seek asylum each day at southern ports of entry, with officers turning others back before they crossed.
  2. Jun 25, 2026 Supreme Court decided 6-3 (Alito, J.) that an alien standing in Mexico does not "arrive in the United States" by attempting and failing to set foot in the country; metering upheld. Ninth Circuit (138 F.4th 1102) reversed and remanded. Sotomayor, J., dissented (joined by Kagan and Jackson); Jackson, J., filed a separate dissent.

What to watch next

Remand to the U.S. Court of Appeals for the Ninth Circuit for further proceedings consistent with the opinion (no date set).

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.