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Alignment is each justice's general judicial philosophy as commonly described, not a party. Justices don't belong to parties, and they don't always vote with their bloc.
Alignment is each justice's general judicial philosophy as commonly described, not a party. Justices don't belong to parties, and they don't always vote with their bloc.
No. 25-5 · October Term 2025
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?
Beginning in 2016, U.S. Customs and Border Protection (CBP) implemented a “metering” policy at ports of entry along the United States-Mexico border to manage asserted capacity constraints. CBP officers stationed at the physical boundary line turned away asylum seekers lacking valid travel documents, preventing them from stepping onto U.S. soil to undergo mandatory inspection and processing. These officials instructed migrants to return to Mexico and wait for future processing opportunities, often without providing specific appointment times, forcing numerous asylum seekers to endure prolonged delays in Mexican border towns where they faced significant safety risks. While these asylum seekers waited, the federal government promulgated the “Asylum Transit Rule” in 2019, which generally rendered noncitizens ineligible for asylum if they traveled through a third country without first seeking protection there. This regulatory change prejudiced individuals previously turned away under the metering policy because, had CBP processed them upon their initial arrival, the Transit Rule would not have applied to their claims. Al Otro Lado, a legal aid organization, joined thirteen individual…
From Oyez.
Under the Immigration and Nationality Act, an alien “arrives in the United States” for purposes of 8 U. S. C. §§1158(a)(1) and 1225(a) only when the alien crosses the border into the United States; the INA neither entitles an alien standing at the border in Mexico to apply for asylum nor requires an immigration officer to inspect him.
Majority: Samuel A. Alito, John G. Roberts, Clarence Thomas, Neil M. Gorsuch, Brett M. Kavanaugh, Amy Coney Barrett
Dissent: Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson