Mullin v. Al Otro Lado

Questions presented

SCOTUS records, cert granted 17 Nov 2025

The Immigration and Nationality Act, 8 U.S.C. 1101 et seq. , provides that an alien who "arrives in the United States" may apply for asylum and must be inspected by an immigration officer. 8 U.S.C. 1158(b)(1)(A), 1225(a)(1) and (3). The question presented is whether an alien who is stopped on the Mexican side of the U.S.-Mexico border "arrives in the United States" within the meaning of those provisions.

Opinion summary

Etalia.ai summary of the majority opinion

Justice Alito wrote that an alien standing in Mexico does not “arrive in the United States” merely by trying and failing to enter at the border. The Court held that under the INA, an alien arrives only when he crosses the border into the country, so the statute does not require inspection or permit an asylum application while the person remains in Mexico. The Court relied on the ordinary meaning of “arrives in,” the statutory context, the limited force of the surplusage argument, and the presumption against extraterritoriality. It also rejected respondents’ other arguments, including their reliance on the Refugee Convention and policy concerns about incentives for illegal entry. The Court reversed and remanded.

Dissent summary

Etalia.ai summary of the dissenting opinions

Justice Sotomayor, joined by Justices Kagan and Jackson, dissented. The dissent argued that the immigration statutes require inspection and asylum processing for noncitizens who arrive at ports of entry, even before they physically cross into the United States, and that the majority ignored statutory context, history, and the government’s longstanding practice. It said the Court let the Executive evade mandatory procedures by physically blocking asylum seekers at the border, even where ports had capacity to process them. Justice Jackson also filed a separate dissent, arguing the case was not a proper vehicle because the metering policy had been rescinded and the Court lacked a concrete factual context to decide the issue.