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1 1 (April 29, 2019)

handle is hein.crs/govzmz0001 and id is 1 raw text is: Congressional ______ *.Research Service The Department of Homeland Security's Reported Metering Policy: Legal Issues April 29, 2019 Generally, a non-U.S. national (alien) who arrives in the United States without valid documentation may pursue asylum and related protections if the alien demonstrates a credible fear of persecution or torture in his or her country of origin. In recent years, the Department of Homeland Security's (DHS) U.S. Customs and Border Protection (CBP) has reportedly been limiting the number of asylum seekers who may be processed each day at designated ports of entry along the U.S. southern border. Aliens reportedly affected by this policy generally have not yet reached the U.S. border and, while at the cusp of physical entry, remain in Mexico. This policy-known as tumback or metering-is intended to address an unprecedented rise in asylum requests, as well as safety and health concerns resulting from overcrowding at ports of entry. However, it also has reportedly led to long wait times and overcrowded conditions on the Mexican side of the border, and some contend the policy may incentivize attempts to illegally cross the border between ports of entry. In addition, there have been claims that CBP, in implementing this policy, has used coercive and deceptive methods to deter aliens from seeking asylum. In 2017, a lawsuit was filed challenging the metering policy on the basis that it unlawfully deprives aliens of the opportunity to seek asylum, and that case is currently pending in federal district court. The litigation raises important questions about the scope of protections available for asylum seekers who have not yet reached the U.S. border, and whether the reported metering policy complies with federal immigration laws, constitutional requirements, and international treaty obligations. Background on Metering There is no federal statute or regulation that directly governs the circumstances in which CBP may limit the number of asylum seekers who may be processed at designated ports of entry. But according to a 2018 DHS Office of Inspector General (OIG) report, CBP has been regulating the flow of asylum-seekers at ports of entry since at least 2016 through its metering policy. The OIG report states that, under the policy, CBP officers direct asylum seekers who have not yet crossed the international boundary line into the United States to remain in Mexico if there is insufficient space and resources at the U.S. port of entry. The OIG report indicates that the CBP officers will inform the asylum seekers when the port of entry has the capacity to process them. Congressional Research Service https://crsreports.congress.gov LSB10295 CRS Legal Sidebar Prepared for Members and Committees of Congress

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