What the Mullin v. Al Otro Lado Border Ruling Means for Immigrants Seeking Asylum
If you or someone you know is waiting at the United States border to seek asylum, the Supreme Court issued a ruling today that fundamentally changes your legal rights.
The decision, handed down June 25, 2026 in a case called Mullin v. Al Otro Lado, holds that a person who presents themselves at an official port of entry on the Mexican side of the border has not legally “arrived in the United States” and therefore has no right under federal law to apply for asylum or even to be inspected by an immigration officer. The court ruled 6-to-3, with Justice Alito writing for the majority.
What is the Metering Policy and How Does It Apply?
Previously, U.S. Customs and Border Protection used a practice known as “metering” to limit how many people could approach ports of entry each day to request protection. Under this policy, officials at the border told people seeking asylum to wait in Mexico and return at a later time.
The legal question at the center of this case was whether those people — standing at an official crossing, on the Mexican side, sometimes after being directed there by U.S. officers themselves — had legally “arrived in the United States” under the Immigration and Nationality Act. If the answer was yes, the law required immigration officers to inspect them and allowed them to apply for asylum.
What the Court Decided in Mullin v. Al Otro Lado
The majority reversed a 2024 Ninth Circuit ruling that had held people presenting themselves at a port of entry were entitled to be processed. Writing for the six conservative justices, Alito held that a person arrives in the United States only when they physically cross the border. Standing on Mexican soil, even at an official crossing, even after being told to wait there, does not satisfy that standard. The government therefore has no legal obligation to inspect those individuals or allow them to file an asylum claim.
Why This Matters to Immigrants Seeking Asylum While In Mexico or Canada
Presenting yourself at an official port of entry has long been understood as the lawful way to seek asylum in the United States. It is what immigration authorities themselves have historically told people to do. Today’s ruling makes clear that taking that path carries no legal guarantee that your claim will be heard at all.
The ruling does not affect asylum cases that are already pending with USCIS or in immigration court, and it does not change the rights of people who are already inside the United States. What it changes is the reality for anyone currently outside the country who is trying to seek protection at a United States border crossing.
What to Do If You or Your Family Have Been Impacted By Mullin v. Al Otro Lado
If you have family members outside the United States who are trying to reach safety, or if you are already navigating an asylum case, this ruling is one more reason to speak with an immigration attorney as soon as possible. The landscape is shifting quickly, and understanding what options are available to your specific situation matters more now than ever.
The immigration team at Brooks Law Firm handles asylum cases and is here to help. Reach out to schedule a free consultation and we will give you an honest look at where things stand and what may be available to you.
