Mullin v. Al Otro Lado · ¶93

Gradually, the Government formalized this system into a “metering policy.” First, in November 2016, the Department of Homeland Security (DHS) approved the practice, and CBP authorized ports of entry to “implement metering based on ‘what [worked] best operationally and whether it [was] required on any given day or [at] any specific location.’” Ibid. (alterations in original). Then, in formal guidance issued in 2018, CBP authorized officials across the entire southern border to “‘meter the flow of travelers at the land border,’” meaning that they could “‘operate physical access controls at the borderline’” and “‘may not provide tickets or appointments or otherwise schedule any person for entry.’” Ibid. Once a traveler was “‘in the United States,’” the guidance provided that “‘he or she must be fully processed.’” Ibid.

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