What Counts as “Arriving” in the United States? The Supreme Court’s New Rule for Asylum Seekers

For years, courts left one question unsettled. It sounds technical, but it matters enormously if you’re standing at a port of entry: does reaching the U.S. border count as “arriving” for asylum purposes? On June 25, 2026, the Supreme Court answered that question in Mullin v. Al Otro Lado. The answer makes it harder for asylum seekers who haven’t yet physically crossed into U.S. territory.

The Background: “Metering” at the Border

Since 2016, the Department of Homeland Security has used a practice called “metering.” DHS limits how many people can cross into the U.S. at a port of entry each day — even when those people are standing on the Mexican side of the border, asking to apply for asylum. Al Otro Lado, an immigration advocacy organization, sued on behalf of asylum seekers. It argued that metering unlawfully blocked people from exercising their right to apply for asylum and to be inspected by immigration officers once they “arrived” at the border.

The case turned on one phrase in the Immigration and Nationality Act: what does it mean to “arrive in the United States”? Does standing at the border, in Mexico, waiting to be let through count? Or do you have to actually set foot on U.S. soil?

The Ruling

In a 6-3 decision, the Court held that reaching the Mexican side of the border does not count as “arriving” in the United States. Justice Alito wrote the majority opinion. He concluded that migrants stopped before crossing are not yet “in” the United States. That means they can’t apply for asylum or demand inspection by immigration officers at that point. The Court reversed the Ninth Circuit, which had ruled the other way.

What This Means in Practice

This ruling changes how asylum seekers should think about approaching the border.

Standing at a port of entry, or waiting in Mexico for a CBP appointment, does not by itself give you a legal claim to asylum processing. This decision strengthens the government’s ability to limit or delay who physically crosses. If officials turn you back, delay you, or tell you to wait before you reach U.S. soil, that waiting period does not count as arrival. It does not trigger your right to apply.

This also raises the stakes around timing. When you actually cross may now matter more than ever for how your case gets evaluated later. Anyone weighing whether and how to approach a port of entry, versus other lawful pathways, should factor this in.

What You Should Do

Are you or a family member waiting near the border to seek asylum? Don’t navigate this alone, and don’t rely on smugglers, social media, or rumors. The legal landscape around border processing changes quickly. What held true a few months ago may not hold true today.

Talk to an immigration attorney before you approach a port of entry. If officials have already turned you back or delayed you, talk to an attorney about what that means for your case and what options remain.

Our office regularly advises clients and their family members abroad on asylum eligibility, timing, and safer pathways into the immigration system. Call the Law Office of Lina Baroudi at (408) 300-2655 or contact us online before you make any decisions about approaching the border.

This article is for informational purposes only and does not constitute legal advice. Immigration law changes frequently, and individual circumstances vary. If you need legal guidance, consult with a qualified immigration attorney. Nothing in this post creates an attorney-client relationship.