Markwayne Mullin, Secretary of Homeland Security, et al., Petitioners v. Al Otro Lado, a California Corporation, et al.
The Supreme Court will decide if asylum seekers stopped by U.S. border officials on the Mexican side of the border are considered to have arrived in the United States.
Case status
- Current stage
- Awaiting Decision
- Latest event
- Argued Mar 24, 2026
- Decision timing
- Expected by late June or early July of the Court term unless the Court orders otherwise.
- What it's about
The Supreme Court will decide if asylum seekers stopped by U.S. border officials on the Mexican side of the border are considered to have arrived in the United States. This case challenges the government's metering policy that prevents noncitizens from stepping onto U.S. soil to claim asylum.
Question presented
Does a noncitizen who is stopped on the Mexican side of the U.S.-Mexico border “arrive[] in the United States” within the meaning of Immigration and Nationality Act?
- Case path
United States Court of Appeals for the Ninth Circuit / Argued Mar 24, 2026
- Area
Immigration
Briefing
What it's about
The Supreme Court heard arguments over whether a noncitizen stopped by U.S. officials on the Mexican side of the border has legally “arrive[d] in the United States” under federal immigration law. The case challenges the government's metering policy, which keeps some asylum seekers from stepping onto U.S. soil to make claims.
Argument
The case was argued on 2026-03-24, and the Court has not issued a decision yet. The dispute centers on whether being stopped on the Mexican side of the border counts as arriving in the United States under the Immigration and Nationality Act.
Impact
The answer could affect when and how asylum seekers may ask for protection at the border. For example, it could shape what happens to people turned back while waiting to present themselves at a port of entry.
What is the main fight in this case?
The Court is deciding whether a noncitizen stopped on the Mexican side of the border has still legally arrived in the United States. That answer affects the asylum claim process.
Who could feel the effects of this case in real life?
Asylum seekers turned back at or near ports of entry could be directly affected. So could border officials applying the metering policy.
What happens next procedurally?
The justices will issue an opinion after hearing argument. A decision is generally expected by late June or early July of the term.
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 25-5
docket | Jun 5, 2026
Primary case document
Supreme Court document | Jun 5, 2026
Oral Arguments - Noem, Sec. of Homeland v. Al Otro Lado
audio | Mar 24, 2026
Questions Presented
brief | Mar 8, 2026
Petition
brief | Jul 1, 2025
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026