The Supreme Court issued four opinions on June 25: one on firearms in Hawaii; one on the weed-killer Roundup; and two on immigration. The second immigration case, Mullin v. Doe (the “TPS case”) is a clear win for a Trump administration that is attempting to unwind past uses (or “abuses”, depending on your take) of Temporary Protected Status (TPS). The first immigration case, Mullin v. Al Otro Lado, is more a victory for the English language and common sense.
Al Otro Lado
At issue in Al Otro Lado was whether a migrant CBP stops on the Mexican side of the Southwest border is “arriving in the United States” such that the alien must be allowed in to seek asylum.
Section 208 of the Immigration and Nationality Act (INA) is the U.S. asylum statute, and paragraph (a)(1) therein states, in pertinent part:
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. [Emphasis added.]
In 2016, under the Obama administration, large numbers of aliens seeking asylum under that provision appeared at the Southwestern ports of entry even though they lacked proper admission documents, such as passports, visas, or Border Crossing Cards.
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