In two 6-3 decisions Thursday, the U.S. Supreme Court affirmed the Trump’s Administration’s authority to manage immigration matters, including asylum and Temporarily Protected Status (TPS) policies.
In both Mullin v. Al Otro Lado and Mullin v. Doe/Mullin v. Miot (consolidated), the high court sided with Department of Homeland Security (DHS) Secretary Markwayne Mullin, reversing and remanding lower-court decisions. Associate Justice Samuel Alito authored both majority opinions.
In Mullin v. Al Otro Lado, the court ruled that it is self-evident that a migrant has not “arrived” in the U.S. – unless that migrant has actually arrived in the U.S.
Under the Immigration and Nationality Act (INA), a migrant cannot legally apply for inspection and asylum without being physically present in the U.S. or at a U.S. port of entry.
The Ninth Circuit circumvented this requirement by ruling that an alien is deemed to have “arrived” in the U.S. while standing on the Mexico side of the border, as long as he or she encounters a United States official.
The Supreme Court decision reverses the Ninth Circuit ruling:
“The question in this case is when an alien who seeks to enter the United States from Mexico ‘arrives in the United States’ within the meaning of that phrase in two key INA provisions—8 U. S. C. §§1158(a)(1) and 1225(a)(1): when the alien is standing in Mexico at the border, or only when the alien crosses the border and enters the country?”
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