Washington (November 17, 2025) – Today, the Supreme Court granted the Trump administration’s request to review a Ninth Circuit decision that declared unlawful the U.S. government’s prior turnback policy, which the government calls “metering.” Under this policy, border officers physically blocked people from seeking asylum at ports of entry along the southern border, turning them back to Mexico.
In response, attorneys for the asylum seekers and Al Otro Lado, the organization serving them, shared the following comment:
“The issue before the Court is whether noncitizens seeking safety at ports of entry along the U.S. southern border have a legal right to apply for asylum in the United States. As the Ninth Circuit correctly concluded, our immigration laws require the government to inspect and process people seeking asylum at ports of entry and allow them to pursue their legal claims in the United States. The government’s turnback policy was an illegal scheme to circumvent these requirements by physically blocking asylum seekers arriving at ports of entry and preventing them from crossing the border to seek protection. Vulnerable families, children, and adults fleeing persecution were stranded in perilous conditions where they faced violent assault, kidnapping, and death. We look forward to presenting our case to the Court.”
The American Immigration Council, the Center for Gender & Refugee Studies (CGRS), the Center for Constitutional Rights, Democracy Forward, and the Institute for Constitutional Advocacy and Protection serve as co-counsel.
For more information on the case, see here, here and here.
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Al Otro Lado provides holistic legal and humanitarian support to refugees, deportees, and other migrants in the US and Tijuana through a multidisciplinary, client-centered, harm reduction-based practice. They engage in individual representation, human rights monitoring, medical-legal partnerships, and impact litigation to protect the rights of immigrants and people seeking asylum.
The American Immigration Council works to strengthen America by shaping how America thinks about and acts towards immigrants and immigration and by working toward a more fair and just immigration system that opens its doors to those in need of protection and unleashes the energy and skills that immigrants bring. The Council brings together problem solvers and employs four coordinated approaches to advance change—litigation, research, legislative and administrative advocacy, and communications.
The Center for Gender & Refugee Studies defends the human rights of courageous refugees seeking asylum in the United States. With strategic focus and unparalleled legal expertise, CGRS champions the most challenging cases, fights for due process, and promotes policies that deliver safety and justice for refugees.
The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, the Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach.
The Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement.
The Institute for Constitutional Advocacy and Protection is a non-partisan, public interest organization within Georgetown Law. ICAP engages in litigation, policy, and public education to defend constitutional rights and protect our democratic processes.
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Media contact:
Elyssa Pachico, American Immigration Council, epachico@immcouncil.org, 503-850-8407
The post SCOTUS Grants Review of Ninth Circuit Decision Holding Turnbacks of Asylum Seekers Unlawful appeared first on American Immigration Council.
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