SCOTUS Reaffirms U.S. Sovereignty in ‘Border Asylum’ Decision
Simply put, the laws don’t require us to let aliens in to seek asylum
By Andrew R. Arthur on July 10, 2026
As I’ve reported, the Supreme Court issued two immigration-related opinions on June 25: Mullin v. Doe, restricting aliens’ ability to challenge terminations of Temporary Protected Status (TPS) designations in federal court; and Mullin v. Al Otro Lado, finding that an alien on the threshold of the United States has not “arrived in” this country and thus has no right to be allowed to enter to apply for asylum. While Doe drew much attention (and criticism), Al Otro Lado has largely been ignored. It deserves greater interest, however, because it reaffirms the fact that ours is a sovereign nation, and the U.S. government is allowed to use force to keep aliens out, even if they come seeking asylum.
Background
Section 208(a)(1) of the Immigration and Nationality Act (INA) states:
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum. [Emphasis added.]
At issue in Al Otro Lado was whether migrants stopped by CBP from entering while they’re on the Mexican side of the Southwest border are “arriving in the United States” such that they must be allowed in to seek asylum, and the reason that question was asked has to do with a port-security practice that began under the Obama administration.
In 2016, large numbers of aliens began approaching the Southwest border ports seeking entry to apply for asylum, even though they lacked the necessary passports and/or visas to be admitted to the United States.
That quickly became a problem for DHS, because section 235 of the INA requires CBP officers at the ports to inspect all aliens as “applicants for admission”, even if they lack proper admission documents.
https://cis.org/Arthur/SCOTUS-Reaffirms-US-Sovereignty-Border-Asylum-Decision
