@#3 ... CBP officially rescinded the metering policy in 2021. ...

Likely due to the initial district court ruling that metering was illegal.

@#5

More from that link...

... While we welcome this ruling, we note that under the Biden administration, the government's turnback practices have evolved and expanded. In 2023, the government unveiled new regulations making most people seeking safety at the southern border categorically ineligible for asylum. Only those able to obtain one of a limited number of appointments via the government's flawed CBP One smartphone app have been permitted to pursue their asylum claims " essentially a new form of metering. Counsel in this case have brought an additional lawsuit challenging turnbacks of asylum seekers without CBP One appointments. That litigation remains ongoing. While the 2023 rule provided certain narrow exceptions for people unable to obtain a CBP One appointment, the administration published new regulations in June 2024 that scaled back these exceptions and imposed additional barriers to people seeking protection.

"Today's ruling affirms what we know to be true," said Melissa Crow, Director of Litigation at the Center for Gender & Refugee Studies (CGRS). "Our government has a legal duty to provide a fair and meaningful legal process to all people seeking safety at our border, no matter what. Border agents cannot arbitrarily turn people back to Mexico, a practice that violates our laws, exacerbates chaos at the border, and places refugees directly in harm's way. The administration should take today's ruling to heart.

It is past time for our government to end these draconian practices and establish a fair, dignified, and humane asylum process at the southern border." ...