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Original Date Announced
October 30, 2020The DHS Office of Inspector General released a report confirming that CBP took steps to limit the processing of asylum-seekers at ports of entry, including instructing seven ports of entry to stop processing virtually all undocumented migrants (known as "metering" or "queue management"). OIG found this action contravened the long-standing CBP practice of processing all migrants at "Class A" ports of entry. OIG made three recommendations, but CBP refused to concur with one. [ID #1119]
Effective Date
October 27, 2020Subsequent Trump-Era and Court Action(s)
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September 2, 2021
2021.09.02 Al Otro Lado v. Mayorkas Summary Judgement Order
On September 2, 2021, the US District Court for the Southern District of California issued a summary judgment order in Al Otro Lado v. Mayorkas declaring metering policies that turn back asylum seekers at the border unlawful. The court ordered the parties to submit supplemental briefing on remedies by October 1, 2021.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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August 5, 2022
2022.08.05 Al Otro Lado v. Mayorkas Remedies Opinion
On August 5, 2022, the US District Court for the Southern District of California issued a remedies opinion in Al Otro Lado v. Mayorkas concluding that turning back asylum seekers constitutes an unlawful withholding of Defendants’ mandatory ministerial inspection and referral duties under 8 U.S.C. § 1158 and § 1225 in violation of both the Administrative Procedure Act and the Fifth Amendment Due Process Clause. The court held that Garland v. Aleman Gonzalez (Supreme Court, 2022) precluded it from entering an injunction against the metering policy, but granted class-wide declaratory relief.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Data and ReportsSubject Matter: BorderAgencies Affected: CBPAssociated or Derivative Policies
- April 27, 2018 CBP's metering policy is confirmed through litigation
- October 12, 2018 U.S. allegedly working with Mexican officials to restrict asylum seekers' access to U.S. border
- November 22, 2019 EOIR General Counsel issues guidance on applying Asylum Eligibility and Procedural Modifications Rule to certain asylum seekers impacted by metering
Documents
Trump-Era Policy Documents
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Subsequent Action
Original Source:
Al Otro Lado v. Mayorkas Summary Judgement Order
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Subsequent Action
Original Source:
Al Otro Lado v. Mayorkas Remedies Opinion
- Other
Commentary
The Department of Homeland Security’s “Metering” Policy: Legal Issues
Congressional Research Service report on "The Department of Homeland Security’s 'Metering' Policy: Legal Issues."
Go to article on crsreports.congress.gov