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Instead of letting the executive branch manage surges, the Ninth Circuit declared that migrants standing on Mexican soil — not inside the United States — had already “arrived.” That ruling effectively ordered Border Patrol to process anyone who walks up to an officer, regardless of physical entry.
The Trump administration blasted that ruling as legal fiction, noting that judges had invented standards that don’t exist in federal statute. As the Justice Department put it, “Allied forces did not ‘arrive in’ Normandy while they were still crossing the English Channel.” The government drove the point home again with a football analogy: “A running back does not ‘arrive in’ the end zone when he is stopped at the one-yard line.”
Democrats Broke The Asylum System, And Trump Is Trying To Fix It
Metering didn’t originate under Trump at all. It started in 2016 under President Obama when a wave of Haitian migrants overwhelmed the San Diego-Tijuana crossing. Trump formally structured the system in 2018 as massive Central American caravans approached the border.
But when Biden took office, Democrats and their allied judges tore the policy down. In 2021, after an Obama-appointed judge ruled against the practice, Biden scrapped it entirely. That decision opened the door to the worst border surge in American history.
Illegal crossings exploded from 1.7 million in 2021 to more than 2.4 million in 2022, matching that figure again in 2023. December 2023 alone saw more than 370,000 encounters — the highest monthly total ever documented. And despite millions pouring across while claiming fear of persecution, the U.S. granted asylum to just 54,350 people in 2023, less than two percent of all encounters.
Everyone in Washington knows what happened next. The system collapsed. Court dates were scheduled years away. Many never showed up. And America’s border turned into a revolving door.
Trump Moves To Restore Order — And Democrats Panic
When Trump returned to the Oval Office, he immediately froze the asylum pipeline via executive order. Now his administration wants the Supreme Court to confirm that presidents have the authority to control when border officers process claims during overwhelming surges.
In its filing, Trump’s Justice Department emphasized that metering is not partisan but essential for security. It called the policy “A tool that administrations of both parties have deemed critical for controlling the processing of inadmissible aliens during border surges.”
Even the Ninth Circuit was fractured. Twelve judges dissented from the panel ruling, signaling internal turmoil and almost certainly drawing the Supreme Court’s attention.
The legal question itself is simple: If a person has not physically entered the United States, can they demand asylum processing anyway? Common sense says no. The statute says no. But activist judges insisted otherwise.
A Potential Landmark Win For Trump’s Immigration Agenda
Now the Supreme Court, with its solid conservative majority, is positioned to rein in the judicial overreach that distorted immigration law throughout the Obama and Biden years. Arguments will likely take place in late winter or early spring, with a ruling expected by early summer.
If the Court rules in Trump’s favor, presidents will once again have the authority to regulate asylum processing during emergencies instead of letting activists and NGOs dictate policy from outside the country.
In short, the case could reshape the border debate for a generation — and Democrats know it.
