Kavanaugh concerned asylum policy gives illegal immigrants an advantage

Justice Brett Kavanaugh voiced concern over how the border “metering” policy at the center of Supreme Court arguments on Tuesday could give people who cross into the United States illegally an advantage over those who seek asylum at ports of entry.

The justices heard arguments in Noem v. Al Otro Lado, a case that looks at whether an asylum-seeker at the border has arrived “in the United States” even if he or she is stopped on the Mexican side of the border. The case centers on the “metering” policy at the border to prevent migrant surges from overwhelming federal immigration officials, which was formalized by the first Trump administration but revoked by Biden administration and has yet to be reinstated.