June 25, 2026: In a 6-3 decision, the Supreme Court ruled DHS can turn back asylum seekers at the border, as arrival in the U.S. for purposes of applying for asylum requires crossing into the U.S. The INA does not entitle those at the border to apply for asylum or be inspected. (Mullin v. Al Otro Lado, 6/25/26)
Under the Immigration & Nationality Act § 208(a)(1) – Asylum, “any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section”
The Court found that there was a difference between “arrives in” and “arrives at” the border, and declared that only those individuals who have physically set foot in the United States have a right to be inspected and apply for asylum BUT people who arrive at ports of entry but who have not yet stepped on U.S. soil after CBP officers have blocked their passage.
For more information on turn back asylum seekers at the border,
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