June 25, 2026

"In its 6-to-3 ruling, the court said noncitizens must fully cross the border to gain the right to apply for asylum. The court’s conservative majority said migrants standing in Mexico do not 'arrive' by 'attempting, and failing, to set foot in this country.'"

From "Supreme Court Allows Trump to Block Asylum Seekers at Border/A policy of turning back asylum seekers at the border was rescinded in 2021, but the Trump administration wants the flexibility to reinstate it as a tool for border control" (NYT).

Here's the full opinion: Mullin v. El Otro Lado. Excerpt from the majority opinion, written by Justice Alito:
This case presents a straightforward question: whether an alien1 who seeks to enter the United States from Mexico “arrives in the United States” when he or she is still in Mexico. In the decision below, the United States Court of Appeals for the Ninth Circuit answered “yes.” That is wrong. In ordinary speech, no one would say that a person “arrives in” a place—for example, a house, a city, or a country—before the person enters that place. The context in which the phrase “arrives in the United States” is used in the immigration statutes at issue here supports an ordinary-meaning reading. So does the presumption against extraterritoriality. We therefore reverse.

 From Justice Sotomayor's dissenting opinion (joined by Justices Kagan and Jackson):

The Court’s illogical interpretation is driven almost entirely by a fixation on a single word: “in.” Words, however, must be read in context and with attention to how they fit into the statute as a whole. The majority ignores the statutory context and history, not to mention the longstanding position of the Executive Branch, all of which show that any noncitizen arriving at our doorstep and seeking admission must be inspected and allowed to apply for asylum, regardless of whether her foot has crossed the threshold....

91 comments:

Enigma said...

Clinton: "Is"
Trump: "In"

Pot calls the kettle black, once again. TDS is half a delayed reaction to Bill Clinton and half about Trump.

Mike (MJB Wolf) said...

How not to write a headline.

MadTownGuy said...

"The Court’s illogical interpretation is driven almost entirely by a fixation on a single word: “in.”

It depends on what the meaning of 'in' is...

Mike (MJB Wolf) said...

Again, thank you SCOTUS for affirming that in cannot be redefined to mean almost in. Why the twisting of words?

Political Junkie said...

"Must be read in context"......I see.

Leland said...

If the asylum seeker has safely reached a country for safe haven, why must they be allowed into another country of their choice? If the minority’s argument was that people should have the freedom to live where ever, I could understand a principled position. But considering the previous ruling, if offensive statements matter, then have the asylum seeker explain why the new country they are in is insufficient without being offensive. Go.

mezzrow said...

If it don't fit, don't force it (Don't force it, force it, force it)
Don't let your ego take the wheel (Ooh, ooh-ooh)
If it don't fit, don't force it (Don't force it, force it, force it)
Sugar, can I get a lil' helping with this here? (Ooh, ooh-ooh)

If it don't fit, don't force it (Don't force it, force it, force it)
Passion's what it's all about (Ooh, ooh, ooh)
If it don't fit, don't force it (Don't force it, force it, force it)
Take your time to check it out (Ooh, ooh-ooh)

I would suggest we check "it" out thoroughly prior to entry into our sovereign territory.
Parliament - If It Don't Fit (Don't Force It)

Levi Starks said...

In our current technological age why should there be any necessity to occupy a physical threshold? Let alone gain actual entrance? Shouldn't someone from any place on the globe have equal cyber access to asylum in the United States? Proximity seems like an unfair advantage over those whose asylum needs are greater.

bagoh20 said...

Kind of a silly argument over semantics when the bigger question is what needs addressed.

If I don't take care of my home and it gets messy and broken down, why does that give me the right to move into your well-maintained home?

Your spouse is trying to kill you? OK, come in, but you can't stay forever, and why did you come to my house a mile away instead of a house closer by? How do I even know your story is true anyway? And why does everybody keep coming to my house with the same story?

rehajm said...

In ordinary speech, no one would say that a person “arrives in” a place

...no normal person, but that doesn't stop the Ninth, attorneys...Ann from 'ballsy' attempts at creative definitions. Hopefully Alito reverses the trend and words will once again mean what they mean and nothing else...

rehajm said...

...and yes, the bigger issue is restoring the meaning of the word 'asylum'.

Aggie said...

Looks to me like the Wall is working.

bgates said...

"Words, however, must be read somewhat close to context"

ChrisC said...

From Alito’s decision.
“Hey retards, what does “arrive” mean?

ChrisC said...

Also, there was absolutely no dispute about this for 80 years until numbnuts Biden decided to do an end run around the statute in 2021

rehajm said...

'...all of which show that any noncitizen arriving at our doorstep and seeking admission must be inspected and allowed to apply for asylum, regardless of whether her foot has crossed the threshold...'

I thought the asylum before the Biden administration abused the process was you show up and we decide if you get to come in. Application of asylum and decision happened before you got to place foot or any other body parts 'in'...

Tina Trent said...

"Stuatory context and history" are new codewords emerging from law professsors' project to use literary criticism tactics taken from deconstructionism to apply any meaning they wish to their interpretations, which, ironically, allows them to spin them free from real historical context, just as they have done with literature.

Kevin said...

any noncitizen arriving at our doorstep

Would the three Justices like to define, for the purposes of this policy, what "doorstep" means?

Because I don't think any of them are architects.

bagoh20 said...

And they said walls don't work.

Michael Fitzgerald said...

Humpty Dumpty justices from the Death To America Democrat Party dissent on what words mean.

Hey Skipper said...

The majority ignores the statutory context and history, not to mention the longstanding position of the Executive Branch, all of which show that any noncitizen arriving at our doorstep and seeking admission must be inspected and allowed to apply for asylum, regardless of whether her foot has crossed the threshold....

All The Wise Latina has done here is transfer the crux of the matter from "in", which has a very precise meaning (a preposition or adverb to indicate location, inclusion, or position within boundaries) to "at".

What is the extent of "at"?

Also, OT pedantry: what is it with writing about a group, but referring to it in the singular?

Logically, grammatically, and ecumenically, it should be: "... that [noncitizens] arriving at our doorstep and seeking admission must be inspected and allowed to apply for asylum, regardless of whether [their feet have] crossed ..."

Thereby avoiding that hole hackneyed choosing an inclusive pronoun nonsense.

Leland said...

The minority ignores the history of the word "in" and "arrive".

Peachy said...

wait... illegal non-citizens have been applying for asylum from far away?

Actually - most any sort of Asylum seeking is not real. These are illegals seeking a better life.
That is not what asylum is for.
But remember- Joe Biden(D-crook and puppet) said the right soros-mob things to win the primary.

Peachy said...

ACLU(D) - demand and are collecting signatures to force US tax payers to pay for millions of phony asylum seeker court dates.

boatbuilder said...

The opposite of "in" is "out." as in "not in."

This is hardly Clintonian parsing of temporal vs. current application. It is up vs. down, over vs. under, wet vs. dry.

Eric the Fruit Bat said...

The minority might have picked up another vote had it reasoned that standing at the border is standing within the penumbral emanations of the United States.

Iman said...

The minority ignores the history of the word "TRUTH”…

WisRich said...

If someone is at my front door, they're not in until I open the door and let them in.

mccullough said...

Cubans understand what in means. That boat has to reach the shore.

This was an easy case. The federal government doesn’t have to let you in.

Also, there’s a good argument that arrives in the United States means legally. Such as a tourist, student, or business visa. Otherwise an alien is a trespasser. You have to arrive legally and still be here legally if you want to apply for asylum.

Otherwise, you can’t apply for asylum even if you are in the U.S.

Good to see the Supreme Court stick up for Democracy. Trump was elected to put an end to this bullshit.

WisRich said...

SS's "context" means "let's ignore the plain meaning"

RideSpaceMountain said...

Screw "in", "at" is doing some super heavy lifting in that dissent.

Enigma said...

Spain controls a town in northern Africa adjacent to Morocco named Melilla. They've had to fend off waves of African migrants attempting to get "in" to exploit EU immigration laws for ages. As such, they built a massive, complex, hyper-secure, multi-fence system decades ago. They even faced a "zombie apocalypse" style invasion in 2005, with 700 people breaching security.

https://en.wikipedia.org/wiki/Melilla_border_fence

Discussions of borders were "fine" and "sensible" before TDS and before the utopian left demanded instant equity worldwide.

Lazarus said...

If you are able to escape from whatever it is you are complaining about and get to Mexico haven't you already found refuge and asylum?

boatbuilder said...

"El Otro Lado" means "the other side."

Es muy ironico.

RCOCEAN II said...

Once again the Leftists vote as a bloc and come up with nonsense to support their politically driven opinions.

Thank God for Trump. Had he dropped out in October 2016 as McConnell and Ryan wanted him to, we'd have a 5-4 Leftwing SCOTUS majority and "the wise latina" would be writing the majority opinions.

n.n said...

Ideally, emigration reform, and unPlanned parenthood.

RCOCEAN II said...

Any attempt to stop open borders and even restrict the inflow of "Migrants" is opposed by the Democrats and Big Business. Bush 43 probably burst into tears when he read about the decision. "Damn that Alioto, if only I could have gotten Harriet on the court".

rehajm said...

...that 'at our doorstep' talk, them's weasel words...

narciso said...

Grammar how does it work?

narciso said...

Our family waited 8 ans 10 years respectfully for our visas

Peachy said...

Every legal immigrant who followed the law - the democrats slap their faces.

BarrySanders20 said...

This is why normal people hate lawyers. Words mean what lefties in power want them to mean and it is always to advance leftist goals.

tim maguire said...

If you don't have to be in the United States to be "in" the United States, then where isn't?

Jupiter said...

"... regardless of whether her foot has crossed the threshold...."

Wait, shouldn't it be her twat, rather than her foot? Assuming you're a biologist, and know what a twat is. I mean, if her twat is still in Mexico, then she has never set twat in the US. So she ain't here.

Enigma said...

Consider if this topic was "rape."

The guy wasn't "in" and didn't actually "touch" me but it was still rape. Let wise Whoopi Goldberg write the opinion about "rape rape" versus imaginary rape.

Dude1394 said...

Boy I sure do wish republicans could nominate justices who are as blatantly partisan as the democrats do. They have a serious method of picking idealogues.

Smilin' Jack said...

“any noncitizen arriving at our doorstep and seeking admission must be inspected and allowed to apply for asylum, regardless of whether her foot has crossed the threshold....”

One foot? So they’re applying the college rather than NFL standard? Is that in the Constitution somewhere?

In Florida they used to have a “wet foot, dry foot” rule for Cuban boat people. I forget exactly how it worked, and how it dealt with waves and tides and such. Perhaps the SC will have a chance to give us the Constitutional reading on this.

Jupiter said...

I got your "asylum" right here.

n.n said...

Jurisdiction. They thought they could abort the fetus, cannibalize her profitable parts, sequester her carbon pollutants, and have her, too. Maybe, baby, not.

Peachy said...

The Radical Left - it's every elite in power.

and they all lie.

RideSpaceMountain said...

No other countries agonize over this shit the way we do. Not even Europe does it. It's embarrassing.

tim maguire said...

The don't know what "in" means; they don't know what "temporary" means; what do they know?

Peachy said...

E Dourgherty:
" Supreme Court Justice Clarence Thomas is being praised nationwide for this BASED line in his opinion today supporting President Trump ending the migrant invasion:

"Aliens have NO EQUAL PROTECTION RIGHTS against the federal government."

----
Democrats disagree. Illegals have hyper rights and American citizens can all suck eggs.

Spiros said...

I stumbled across a very interesting conversation on Reddit. A mathematician argued that China's true population is not 1.4 billion, it is closer to 1 billion. In fact, under the extreme version of his argument, China's population may actually be 600 to 800 million. If this is true, than even our most rabid liberals agree. We must rescue China from its death spiral by sending them tens of millions of Haitians and Arabs. No, let's send several hundred million.

Iman said...

The minority… always trying to bugger the U.S. Constitution.

Goddam slow-walkin’, fast-talkin’, gargoyle-lookin’ leftwing scheisseters.

Enigma said...

@Spirios --

Racist monoculture China wouldn't allow a single one in. They forced all near-Han Asians to convert to the Chinese Han tribe and employ population control on the others (Uyghurs, etc.).

Check out the post-ejection videos from Serpentza. He was a white South African married to a Chinese woman living there -- he got raided routinely under suspicion of causing problems "like all the Africans do." The police couldn't wrap their heads around the notion of a white African.

https://www.youtube.com/user/serpentza

There was another highly controversial video of a Chinese business guy in Africa commenting on the black Africans...

Peachy said...

Leftist Democrats demand we all pay for illegals with democratic fraud and tax hikes - for free goodies - so that the illegals can use the corrupt democratic's easy cheat-the-vote system that ensures the left's punitive power over everyone.
More free stuff for illegals while ordinary americans suffer.

Peachy said...

Jupiter - right on.

hanuman_prodigious_leaper said...

How does this "in" impact definition of penetrative rape?

Richard Dolan said...

Alito's opinion goes on to quote other provisions in the INA where Congress imposed consequences on an alien who "enters or attempts to enter" the United States in certain circumstances. The dissenters' argument essentially reads the provision at issue -- "in the United States" -- as if it includes "attempts to enter," which is a non-starter as a textual matter. And it's hard to quibble with Alito's conclusion that "in the United States" means something different from "outside the United States."
What's strange (to me, anyway) is why the three dissenters -- who are consistently dissenting in most of these June decisions -- have chosen to fight and die on this hill with such weak and unpersuasive arguments. It smacks a bit too obviously of TDS, and undercuts criticisms they have made (and will be making) to other June decisions.

Harun said...

So "our doorstep" is Mexico.

Clyde said...

Mexico is a perfectly good place to seek asylum if someone feels endangered in their home country. They don't need to continue on to the United States, especially if they are on Mexican soil. People seeking asylum are supposed to do that in the first non-dangerous country that they arrive in. If they are in Mexico, they are already there, and Buenos Suerte to them in their new lives.

bagoh20 said...

So that makes at least two words so far that we know Justice Jackson cannot define: "in" and "woman" , so the rape analogy is probably not going to penetrate her penumbras.

Mason G said...

The progressive approach- decide what you want to happen and then find a way interpret laws such that the desired outcome is obtained.

James K said...

"The majority ignores the statutory context and history, not to mention the longstanding position of the Executive Branch"

According to the headline, Trump is reinstating a policy that was rescinded by Biden. So who is ignoring history and misstating the "longstanding position of the Executive Branch"? Or is four years under a brain-dead President considered "longstanding"?

Mason G said...

"Or is four years under a brain-dead President considered "longstanding"?"

'Longstanding' means whatever is necessary for it to in order to continue allowing non-citizens to move into the country and set up learing centers and hospices to defraud taxpayers.

Lem Vibe Bandit said...

ai: “Yes, legally defined rape universally requires penetration, but modern legal definitions have vastly expanded what "penetration" entails and who can be charged or victimized.”

Aggie said...

Hey, if you're in Mexico seeking asylum in the US, why not just apply to Mexico at the same time. You know, you're already in Mexico. Is there something wrong with Mexico? Not good enough? Is it better than the country you're requesting asylum from? Your choice, but you have to make it Right Now on your asylum application. Oh - and if Mexico isn't good enough, back you go - Right Now.

Jersey Fled said...

The U.S. has roughly 4% of the world’s population. The Democrats seem to think the other 96% have an unlimited right to arrive at our doorstep and claim everything we have.

Indefinitely Extended Excursion™️ said...

They will rule 7-2 against Trump over birthright citizenship, and the media and law professors who desperately want to legitimize them will use it as a fig leaf to cover all the partisan decisions.

hanuman_prodigious_leaper said...

I've also read that part of international arrivals area in airport is not "in" the USA for immigration law purposes

Tina Trent said...

I know seven illegal Ukranian and Russian men who used fake passports from the "Polish Mafia" to land at JFK and still live here decades later.

I live in thecounty with the highest zip code of illegal aliens in the entire country: Gainesville, Georgia. You don't have to keep a gun by your pillow. I do.

Tina Trent said...

I'm not some retired government worker living fat who still gets free healthcare on my dime. I'm wearing broken glasses I wore in high school. Half our income before federal and payroll taxes pays for healthcare -- mostly, as I'm a good researcher -- to pay for my illegal neighbors' all free bennies. I can't access adequate healthcare. I'm very sick. I will die young. We did everyrhing right. You're very lucky you don't have to live in penury as we do. Get a grip on how bad this really is, please.

Tina Trent said...

I'm frankly sick of the idiocy demonstrated by so many here. You have no idea how much illegals and Obamacare destroyed us. We planned and worked hard. My husband still does. But you're fat, happy, and tbus entirely disinterested in facts.

Tina Trent said...

Yeah, vote third party. Get off on local businesses being looted. You're so pure and brave, you fools.

mccullough said...

Let’s end the suspension of disbelief. 99% of asylum claims are bullshit.

Gospace said...

In the words of the late great broadcaster Rush Limbaugh- "Words mean things."

Gospace said...

"Lazarus said...
If you are able to escape from whatever it is you are complaining about and get to Mexico haven't you already found refuge and asylum?"

Why yes yes you have. Kind of sort of. Actually, and it's something liberals conveniently forget, the ONLY people, under international treaties, that Mexico is a signatory to, who should be able to apply for asylum at the USA-Mexico border are- Mexicans. Any non-Mexican in Mexico is obligated, under international law- those treaties- to seek asylum in Mexico. And Mexico is obligated, under those same treaties, to either A: give them asylum or B: send them back. Sending them to the US border to seek asylum isn't one of the options. Nonetheless, it's what they do.

Similarly, the only people who can seek asylum at the USA-Canadian border are Canadians.

And those are the only two countries we have a land border with.

And US citizens traveling by land can only seek asylum in one of those two countries.

Air and sea arrivals are different. At an airport someone hasn't "arrived" until they've passed through customs. Unless they're flying straight from their home country they've been somewhere else where they should have applied, and should be sent back to that country to let them handle an asylum claim.

We need to make the rest of the world, and especially Mexico, live up to their treaty obligations for asylum- grant it there, or send them back.

Mason G said...

"We need to make the rest of the world, and especially Mexico, live up to their treaty obligations for asylum- grant it there, or send them back."

The Rest of the World is too busy trying to get the US taxpayer to pay for stuff The Rest of the World wants.

Bob B said...

Now define “at our doorstep”. Is it within five feet? Speaking distance to say “I want asylum”? Shouting distance? How about the distance to read a billboard seeking asylum? How about the distance from an embassy, which is US territory?

narciso said...
This comment has been removed by the author.
narciso said...

They just say words

Yancey Ward said...

One can apply for asylum at any U.S. embassy or consulate in any country. What "longstanding" policy has been is this: the applicant is not immediately granted a visa for entry into the U.S. Not withstanding the notice that only Mexicans can actually apply for asylum while standing on Mexican soil, asking for asylum at the border does not grant you legal entry into the U.S. even if you are a Mexican. Any honest reading of the statute leads to Alito's argument being the correct onen- this should have been a 9-0 decision. It takes a shameless load to argue otherwise.

Iman said...

“It takes a shameless pantload to argue otherwise.”

FIFY

Nancy said...

Suggest NYT delete "fully". Just "must cross the border".

Rocco said...

Gospace said...
We need to make the rest of the world, and especially Mexico, live up to their treaty obligations…

From NATO to Mexico and others, this problem sure seems to pop up a lot.

Cappy said...

Depends what the meaning of in is.

n.n said...

The situation is more complicated than it is characterized. The issue is if in is in or out, a baby or a fetus, a couple or couplet, emigration or immigration reform, attributed or correlated , etc.

Rocco said...

Bob B said...
Now define “at our doorstep”. Is it within five feet?

Maybe they need to get all up in our grill, yo.

I’ll just note that in many parts of the world - including Mexico - the sense of “personal space” is often more compressed than it typically is here in the US.

The Middle Coast said...

Darn judges focusing on words.

Indefinitely Extended Excursion™️ said...

Finally we can be rid of the Haitians whose voodoo spells have turned hardworking Americans into hideous Nosferatu-like worms whose brains have rotted from decades of uncontrollable racist rage. ~ Stephen Miller

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