Supreme Court Agrees to Decide Whether Migrants on Mexican Side of Border Are "Arriving in United States"

The Supreme Court agreed to hear Noem v. Al Otro Lado, a case examining whether migrants who present themselves to U.S. Customs and Border Protection at the US-Mexico border — while physically still on the Mexican side — are legally "arriving in the United States" and thus entitled to asylum protections under federal law. The case challenged the Trump administration's "metering" policy of making asylum seekers wait in Mexico, and had major implications for the right to seek asylum.