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WASHINGTON, D.C. – America First Legal (AFL), in partnership with Boyden Gray PLLC, has filed a new amicus brief in the U.S. Supreme Court on behalf of U.S. Representative Darrell Issa and U.S. Senators Ted Cruz, Ted Budd, Mike Lee, Kevin Cramer, and Josh Hawley after the Court agreed to hear Noem v. Al Otro Lado — a major case about whether courts can rewrite federal immigration law and hamstring core border-security tools.
The Supreme Court’s decision to take the case puts this dispute on the main stage. AFL’s new amicus brief urges the Court to reverse the Ninth Circuit’s ruling on the merits and stop a decision that would cripple border security.
Last year, the Ninth Circuit expanded the Biden Administration’s unprecedented walkback of a border security measure known as “metering,” which helped U.S. Customs and Border Protection prevent surges and reduce overcrowding at the border. In its ruling, the Ninth Circuit held that illegal aliens who are still physically in Mexico can claim they have “arrived in the United States,” and that the U.S. Department of Homeland Security (DHS) can no longer use metering to slow down the flow of aliens trying to cross the border.
AFL’s brief argues that the Ninth Circuit’s decision:
Misconstrues the plain text of the Immigration and Nationality Act. Usurps Congress’s constitutional authority over immigration policy. Invents a right to seek asylum outside U.S. territory that Congress has never enacted. Creates operational and legal chaos at the border by eliminating metering. Undermines U.S. sovereignty and invites future border surges.
AFL is urging the Supreme Court to reverse the Ninth Circuit’s decision and stop its judicial rewrite of federal immigration law.
“If allowed to stand, the Ninth Circuit’s decision would force the United States to treat aliens still in a foreign country as if they were inside U.S. borders — an outcome that defies the statute, common sense, and the Constitution’s separation of powers,” said Dan Epstein, Vice President of America First Legal. “The Supreme Court must reverse.”
“Border security requires tools that work in the real world. Metering is a lawful and commonsense way to prevent surges, overcrowding, and humanitarian crises — and the Ninth Circuit’s ruling would ban it outright,” said James Rogers, Senior Counsel at America First Legal. “The Supreme Court must step in and stop this judicial sabotage of lawful border enforcement.”
America First Legal will continue fighting to secure the border, defend the Constitution, and save this nation from the lawless chaos of open-border extremism.
Read the full brief here.
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