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Modern Patriots

Independent Reporting · Est. 2020
BackPolitics

Supreme Court Rules Migrants in Mexico Haven't 'Arrived' in America — Major Win for Border Security

In a 6-3 decision, the Supreme Court upheld the Trump administration's metering policy, ruling that asylum seekers must physically enter U.S. territory before claiming they've arrived.

Supreme Court Rules Migrants in Mexico Haven't 'Arrived' in America — Major Win for Border Security

The Supreme Court ruled 6-3 on Wednesday that migrants waiting in Mexico have no legal right to claim they've "arrived" in the United States — a common-sense decision that validates the Trump administration's "metering" policy and deals a major blow to open-border advocates.

Justice Samuel Alito, writing for the conservative majority in Mullin v. Al Otro Lado, dismantled the central argument that asylum seekers at ports of entry should be considered as having arrived on U.S. soil simply by showing up at the border.

The Court's Reasoning

"In ordinary speech, no one would say that a person 'arrives in' a place — for example, a house, a city or a country — before the person enters that place," Alito wrote. The decision makes clear that physical presence inside U.S. territory is required before asylum claims can be processed.

Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett joined Alito's opinion. The ruling overturns a 2024 Ninth Circuit decision that had found the metering policy unlawful.

Justice Sonia Sotomayor filed a sharp dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson, reading her opposition from the bench in a rare move that underscored liberal frustration with the outcome.

What Metering Means in Practice

The "metering" policy allows Border Patrol to limit how many asylum seekers are processed at ports of entry each day. Rather than accepting unlimited claims, officials can tell migrants to wait in Mexico until capacity becomes available.

Alito addressed concerns directly: "Metering does not permanently bar any alien from arriving and applying for asylum. It merely delays entry."

The Department of Homeland Security celebrated the ruling as "a victory for the rule of law and common sense," signaling that the policy will be quickly implemented along the southern border.

Liberal Backlash

Sotomayor's dissent was blunt: "More people will die. More people will attempt to cross the border [illegally]." Immigration advocates have argued the decision will push desperate migrants toward dangerous illegal crossings rather than orderly port-of-entry claims.

Erika Pinheiro, executive director of Al Otro Lado — the organization that brought the original challenge — called the ruling "contrary to what Congress intended" and claimed it "violates international law."

The Leadership Conference on Civil Rights said the Court "refused to offer basic administrative safeguards to immigrants."

A Long Legal Battle Ends

The case dates back to 2017, when the original challenge was filed during President Trump's first term. The Biden administration discontinued metering in 2021, but the Trump administration asked the Supreme Court to reinstate it after returning to power.

Conservative legal analysts praised the decision for returning immigration enforcement to its proper constitutional boundaries. Fox News contributor Jonathan Turley said the ruling showed the Court "reining in judges" who had overstepped their authority in immigration matters.

The practical effect is immediate: border officials can now legally manage asylum flows by requiring migrants to remain in Mexico until processing capacity allows. For an administration that has made border security a centerpiece of its agenda, the ruling removes a significant legal obstacle.