Supreme Court Says Migrants Must Enter U.S. to Seek Asylum, Reversing Lower Court Rulings

The Supreme Court ruled Thursday that migrants must physically enter the United States to be eligible for asylum. The decision in Mullin v. Al Otro Lado reversed lower court rulings that had required the government to process certain asylum seekers turned away at ports of entry.

Justice Samuel Alito wrote for the majority that metering does not permanently bar any alien from arriving in the United States and then applying for asylum. He added that illegal entry carries adverse legal effects and that an alien becomes ineligible for asylum if he unlawfully re-enters after removal. Justice Sonia Sotomayor dissented.

She wrote that the ruling creates a perverse incentive to enter at an unlawful rather than a lawful location and tells asylum seekers they may apply if they cross illegally but cannot if they wait at a port of entry. Al Otro Lado made a similar argument in a court filing, stating that restricting asylum access to those who physically enter would create a perverse incentive to cross between ports of entry.

Sotomayor cited a 2018 DHS Office of the Inspector General report that found metering had led some aliens who would otherwise seek legal entry to cross illegally.

Matt Crapo, director of litigation at the Federation for American Immigration Reform, said the administration has demonstrated that the border can be secured against illegal entries and that border wall construction will further improve deterrence.