Mullin v. Al Otro Lado · ¶20

The metering policy continued through the change in Presidential administrations. In April 2018, a CBP official distributed a memorandum that allowed CBP offices to “meter the flow of travelers at the land border” when “necessary or appropriate to facilitate orderly processing” and to “maintain the security of the port and safe and sanitary conditions.” App. 122. The memorandum empowered offices to “establish and operate physical access controls at the borderline, including as close to the U.S.-Mexico border as operationally feasible.” Ibid. But officers could not “discourage” an alien “from waiting to be processed” if the alien claimed “fear of return” or sought “any other protection.” Id., at 122–123. And the memorandum stated that an alien “must be fully processed” once the alien “is in the United States.” Id., at 123. The Government reiterated the policy in a second 2018 memorandum,…

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