In a 6-3 ruling, decided along ideological lines, the United States Supreme Court (SCOTUS) reinforced the fact that that we do indeed have a border. To most Americans, this is not a shocking revelation. But to those who want to see the fall of Western Civilization, an open border (or no border whatsoever) is essential, and so those bad actors continuously fight to make our borders as porous as possible. On Thursday, SCOTUS dealt another decisive blow to that societal malady.
The case is, Mullin v. Al Otro Lado, and it definitively establishes that the Biden-era open-border policy was illegal. The precise aspect of the left’s open-border policy that was decided in Mullin was whether or not an alien who stood outside our border (i.e. was physically in Mexico but wanted to enter the USA) was technically “in” the United States, which would then trigger their ability to seek asylum. The answer seems pretty clear, does it not? Certainly someone has not “arrived in” the United States if they are physically in Mexico. SCOTUS agreed, and it ruled in favor of logic.
This lawsuit began in 2017, under the first Trump Administration. It was a class action brought by some asylum seekers and the nonprofit organization Al Otro Lado (which, not coincidentally, is Spanish for “On The Other Side”). Plaintiffs argued that US officials from the Department of Homeland Security and Customs and Border Protection unlawfully prevented them (as supposed “asylum seekers”) from accessing the asylum process at ports of entry, sometimes through physical turnbacks, delays, or capacity-based restrictions known as “metering.” (Metering is a policy where border agents would prioritize and process aliens who had paperwork first, before considering those who lacked any paperwork). The plaintiffs argued that, even though they never actually stepped foot in the United States, they had the right to be offered asylum simply because they were attempting to enter the country.
More specifically, the dispute centered on whether our immigration law requires border officials to inspect and process asylum seekers who present themselves at or near a port of entry, or whether the government may refuse processing when capacity is limited. The key question was whether a non-citizen has legally “arrived in” the United States for purposes of trying to invoke asylum protections, if they simply show up at our border and want to be let in.
Thankfully, SCOTUS followed the law (and logic), and reversed the ruling by the U.S. Court of Appeals for the Ninth Circuit (which affirmed the lower District Court of Southern California ruling) that aliens in Mexico who approach ports of entry on our border, but never physically enter the United States, must be allowed to apply for asylum.
Justice Alito delivered the opinion of the Court, and he began that opinion as such:
This case presents a straightforward question: whether an alien who seeks to enter the United States from Mexico “arrives in the United States” when he or she is still in Mexico. In the decision below, the United States Court of Appeals for the Ninth Circuit answered “yes.” That is wrong. 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. The context in which the phrase “arrives in the United States” is used in the immigration statutes at issue here supports an ordinary-meaning reading. So does the presumption against extraterritoriality. We therefore reverse.
This policy of not automatically allowing aliens in Mexico to claim US asylum started under Obama, continued under Trump I, was challenged under Trump I, and then was (not surprisingly) repealed by Biden in 2021. To give you a point of reference on immigration in our Country, I will share some statistics. But first, let me remind you that the job of the President of the United States is to uphold and enforce our laws. It is not his job to make or repeal laws, for that power lies solely with Congress. We have immigration laws that Congress has passed, and it is up to the President and his agencies to enforce them.
That being said, here are those statistics. Note: these numbers reflect how many times illegal aliens were caught at the border. These numbers do not include the countless aliens who crossed into our country undetected (also known as gotaways):
Obama (2009–2017) = approximately 3.6 million
Trump (2017–2021) = approximately 1.8 million
Biden (2021–2025) = approximately 10.8 million
Clearly, the lawlessness under Biden was absolutely stunning.
Below is a graph generated by the Heritage Foundation showing monthly border encounters under Biden/Harris. Again, these numbers do not reflect all of the illegal aliens who crossed the border undetected.
Under Biden/Harris, there were multiple months where these encounters reached unfathomable numbers of over a couple hundred thousand per month! There were days where over 10,000 illegal aliens came to our border in a single day! It’s impossible to handle that kind of volume. And they (i.e. those orchestrating and facilitating) knew that.
It wasn’t immigration, under Biden/Harris. It was an invasion.
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