Asylum seekers come to the borders of the United States in desperate conditions – and they’re often forced to wait for a long time before they can cross a port of entry thanks to a practice known as “metering.”
Metering refers to a system used by U.S. border officials seeking to limit the number of asylum seekers allowed into the United States. Asylum seekers are placed on informal “waitlists” and told to wait wherever they can until their numbers are called. This effectively delays their ability to make a legal claim for asylum for weeks, months – or even longer.
The practice also continues to be challenged in the courts around the nation – and the courts have largely affirmed that metering is unlawful.
What makes metering wrong?
In essence, the Immigration and Nationality Act (INA), guarantees the right of people who qualify to seek asylum regardless of how they enter the country. Section 208 of the INA states that anyone “physically present” in the U.S. or at a port of entry may apply for asylum if they have a legitimate fear of persecution in their own country due to their race, religion, nationality, politics or membership in certain social groups.
Metering denies those individuals their ability to exercise that right to seek asylum under U.S. laws, depriving them of their ability to present their case to an immigration judge and depriving them of due process. Worse, it forces people in desperate situations to remain in incredibly dangerous conditions – and not all of them make it out alive.
Metering continues to occur, despite numerous court rulings against it. If your loved one is seeking asylum in the U.S., legal guidance is vital.