Mullin v. Al Otro Lado

The Supreme Court decided that a noncitizen stopped on the Mexican side of the border has not arrived in the United States under the Immigration and Nationality Act. The case concerned when federal immigration law applies at the border.

Justice Alito wrote the 6–3 opinion, joined by Chief Justice Roberts and Justices Gorsuch, Kavanaugh, and Barrett; Justice Thomas concurred; Justices Sotomayor, Kagan, and Jackson dissented.

Majority

Alito

Roberts

Thomas

Gorsuch

Kavanaugh

Barrett

Dissent

Sotomayor

Kagan

Jackson

A person stopped before entering the country is not treated as having arrived for these federal immigration procedures. That affects migrants seeking to present themselves at a U.S.-Mexico border crossing.

Lower courts and immigration agencies must apply the Court’s interpretation in cases involving people stopped on the Mexican side of the border. Affected parties may pursue any remaining claims under that rule.

The Court decided that a noncitizen stopped on the Mexican side of the border has not arrived in the United States under the Immigration and Nationality Act.

Migrants stopped in Mexico before entering the United States may be affected. They are not treated as having arrived for the federal immigration procedures at issue.

Lower courts and immigration agencies must follow the Court’s interpretation. Parties in related disputes may continue their cases under that rule.