If you are an Al Otro Lado class member, the U.S. government cannot apply the Asylum Transit Rule against your asylum claim. You qualify if you are a non-Mexican asylum seeker who was turned away at the U.S.-Mexico border under the “metering” policy before July 16, 2019, and did not cross into the United States until on or after that date. A federal court injunction protects you, though the case is now before the U.S. Supreme Court, with oral argument set for March 24, 2026.1Supreme Court of the United States. Petition for a Writ of Certiorari in Noem v. Al Otro Lado
Who Counts as a Class Member
The court certified what is called the “PI Class.” You must meet all four criteria:2U.S. Citizenship and Immigration Services. Al Otro Lado Class Action Notice for Nondetained Screenings
- You are not a citizen or national of Mexico.
- Before July 16, 2019, you were subjected to metering. That means you approached a land port of entry and were told to wait or that the port could not process you, or you placed your name on a waitlist in a Mexican border town.
- You did not cross into the United States until on or after July 16, 2019.
- You sought asylum or expressed a fear of return, and you still want to pursue asylum.
The timing is the whole point of the class. If you had crossed before July 16, 2019, the Transit Rule would never have applied to you. The class captures people caught in a gap: pushed back at the border before the rule existed, then hit with the rule because the government’s own policy kept them from entering in time.
How to Show You Were Metered
There is no master list. If you think you qualify, you will need to bring evidence tying you to the border before July 16, 2019. Useful documentation includes:2U.S. Citizenship and Immigration Services. Al Otro Lado Class Action Notice for Nondetained Screenings
- Travel records that show when you were in a Mexican border town, such as bus tickets, shelter intake records, or dated photographs.
- Waitlist evidence, including waitlist numbers or lists maintained by shelters or by other migrants.
- Written declarations from you or from people who can confirm you were at the border and turned away before the cutoff date.
- Government records, including any Department of Homeland Security paperwork, old immigration court documents, or records from a credible fear interview.
Gather what you can. An asylum officer weighs the totality of your evidence at screening rather than demanding one specific document, so partial proof still helps.
What Protection You Get
The core benefit is that the Asylum Transit Rule cannot be used against your claim. Your asylum application gets evaluated under the standards that existed before July 16, 2019.3United States Court of Appeals for the Ninth Circuit. Al Otro Lado v. Noem You still have to prove you qualify as a refugee, meaning you face persecution based on race, religion, nationality, membership in a particular social group, or political opinion.4Office of the Law Revision Counsel. 8 USC 1158 – Asylum What goes away is the third-country transit bar that would otherwise disqualify most non-Mexican applicants who passed through another country on the way.
The Ninth Circuit also required the government to identify possible class members in its own records and notify them.3United States Court of Appeals for the Ninth Circuit. Al Otro Lado v. Noem If your file matches, expect a written notice describing your rights.
What the Injunction Does Not Do
The Ninth Circuit vacated the part of the district court’s order that would have required the government to reopen past asylum denials on its own.3United States Court of Appeals for the Ninth Circuit. Al Otro Lado v. Noem Going forward, the government cannot apply the Transit Rule to class members. But it is not obligated to undo past decisions automatically. If your case was already denied on Transit Rule grounds, you have to take action to reopen it.
How to Claim Relief
What you do next depends on where your case stands.
If USCIS Sent You a Notice
The notification should include a Notice of Interview directing you to a USCIS asylum officer for a PI Class Membership Screening. The officer will ask about your timeline at the border, so bring your evidence. If the officer finds you are more likely than not a class member, USCIS will schedule a new credible fear interview in which the Transit Rule will not be applied.2U.S. Citizenship and Immigration Services. Al Otro Lado Class Action Notice for Nondetained Screenings
If You Have Not Been Contacted
Email Class Counsel at MeteringClass@splcenter.org to assert your potential class membership.2U.S. Citizenship and Immigration Services. Al Otro Lado Class Action Notice for Nondetained Screenings This matters especially if you are not in custody and have no pending immigration proceedings, because the government may have no record of you as a potential class member. Class Counsel can get you into the screening process.
If Your Claim Was Already Denied Under the Transit Rule
File a motion to reopen with the immigration court or the Board of Immigration Appeals, whichever last decided your case.5U.S. Citizenship and Immigration Services. Al Otro Lado Class Action Notice of Preliminary Injunction The motion should state that you are a PI class member and that the Transit Rule was improperly applied. If you were removed from the country after the denial, reopening the case is the first step toward being able to return and pursue your claim. Class Counsel or an immigration attorney can help you draft the motion.
If You Are No Longer in the United States
Leaving the country does not automatically drop you from the class. If you still want to pursue asylum, contact Class Counsel at MeteringClass@splcenter.org and keep your address and contact information current with the asylum office listed in any interview notice you received.2U.S. Citizenship and Immigration Services. Al Otro Lado Class Action Notice for Nondetained Screenings Missed correspondence from USCIS can stall or close your case.
Work Authorization While Your Case Is Pending
Once your asylum application is on file, you may be eligible for employment authorization. File Form I-765 no earlier than 150 days after your asylum application was filed. You become eligible to receive the Employment Authorization Document once the asylum application has been pending for 180 days total.6U.S. Citizenship and Immigration Services. Applicant-Caused Delays in Adjudications of Asylum Applications and Impact on Employment Authorization The 180-day clock stops if you cause a delay, so avoid unnecessary continuances.
As of January 2026, the filing fee for an initial asylum-based EAD is $560, and a renewal is $275.7USCIS. USCIS Announces FY 2026 Inflation Increase for Certain Immigration-Related Fees If you cannot afford it, file Form I-912 to request a fee waiver, showing you are unable to pay.8U.S. Citizenship and Immigration Services. Instructions for Request for Fee Waiver (Form I-912)
Where the Case Stands Now
In May 2025 the Ninth Circuit largely upheld the injunction protecting class members from the Transit Rule, while removing the requirement that the government reopen past decisions on its own.3United States Court of Appeals for the Ninth Circuit. Al Otro Lado v. Noem The government asked the Supreme Court to review the case.1Supreme Court of the United States. Petition for a Writ of Certiorari in Noem v. Al Otro Lado The Court granted certiorari on November 17, 2025, and oral argument is scheduled for March 24, 2026.
Until the Court rules, the injunction remains in force and the protections above still apply. A decision could uphold the injunction, narrow it, or reverse it. If you think you qualify, do not wait. Contact Class Counsel and start gathering your evidence now, because the screening process takes time and establishing your class membership early protects your position no matter how the Court rules.