Mullin v. Al Otro Lado · ¶89

The stated purpose of the Government's metering policy, consistent with its origin, was to manage CBP “ `resources' ” and respond to capacity limitations at ports of entry. Ibid. Over time, however, it became clear that the metering policy had little to do with capacity issues. According to a report by the Office of the Inspector General of DHS (OIG) issued in 2020, CBP often invoked lack of capacity as a justification for metering “regardless of the port's actual capacity and capability,” including while facilities sat empty. App. 397, 408; see id., at 221 (chart showing significant excess detention capacity even while metering was in effect). For some ports, detention facilities “were completely empty” 80% of the time during which they were turning away asylum seekers under the metering policy. Id., at 192. Still, as a CBP whistleblower would later testify, officers at ports on the…

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