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Supreme Court decisions
No. 25-5Jun 25, 2026ImmigrationReversed

The question

Whether an alien who seeks to enter the United States from Mexico "arrives in the United States" under 8 U.S.C. sections 1158(a)(1) and 1225(a)(1) while standing in Mexico at the border, or only upon crossing the border into the country.

Mullin v. Al Otro Lado

What the Court decided

The Court reversed. An alien standing in Mexico does not "arrive in the United States" by attempting and failing to set foot in the country; an alien arrives only when he crosses the border. The INA therefore neither entitles an alien standing in Mexico to apply for asylum nor requires an immigration officer to inspect him. The Court read the phrase "arrives in the United States" to carry its ordinary meaning, under which a person arrives in a place only when he enters within its area.

How the justices split

6-3
In favor 6Against 3
Alito
Roberts
Thomas
Gorsuch
Kavanaugh
Barrett
Sotomayor
Kagan
Jackson

The Court's opinion

Alito, joined by Roberts, Thomas, Gorsuch, Kavanaugh, Barrett

The phrase "arrives in the United States" carries its ordinary meaning, under which a person arrives in a geographic location only when he enters within its area. An alien standing in Mexico does not arrive by attempting and failing to set foot in the country, and that conclusion does not change because entry is blocked. The INA thus does not entitle an alien standing in Mexico to apply for asylum or require an officer to inspect him. The case is not moot because the declaratory judgment continues to bar the Government from using metering and a ruling for the Government could reverse it.

Concurring

Thomas, writing alone

Thomas joined the opinion of the Court in full and wrote separately. The syllabus does not state the grounds of his separate concurring opinion.

Dissenting

Sotomayor, joined by Kagan, Jackson

Sotomayor dissented from the Court's reading of "arrives in the United States." The syllabus does not state the reasoning of her dissenting opinion.

Dissenting

Jackson, writing alone

Jackson filed a separate dissenting opinion. The syllabus does not state the reasoning of her separate dissent.

How we know · 5 sourced claims
  • The Court held that an alien standing in Mexico does not arrive in the United States by attempting and failing to set foot in the country, and arrives only when he crosses the border.

    Source: syllabus, Held

  • The Court held that the INA neither entitles an alien standing in Mexico to apply for asylum nor requires an immigration officer to inspect him.

    Source: syllabus, Held

  • The Court held the case is not moot because the declaratory judgment continues to bar the Government from using metering and a ruling for the Government could reverse it.

    Source: syllabus, Held

  • Alito delivered the opinion of the Court, joined by Roberts, Thomas, Gorsuch, Kavanaugh, and Barrett.

    Source: syllabus, lineup

  • Sotomayor filed a dissenting opinion joined by Kagan and Jackson, and Jackson filed a separate dissenting opinion.

    Source: syllabus, lineup

Read the opinion on supremecourt.gov