On June 25, 2026, the Supreme Court ruled in Mullin v. Al Otro Lado that migrants must physically enter the United States to be eligible for asylum, reversing previous lower court decisions. This ruling has been welcomed by some immigration advocates but criticized by dissenting justices and immigration organizations, who argue it may lead to an increase in illegal border crossings. Justice Sonia Sotomayor stated that the ruling could create an incentive for asylum seekers to enter unlawfully rather than wait at ports of entry. The Department of Homeland Security has not commented on whether it is prepared for a potential increase in illegal crossings following this decision. Justice Samuel Alito, writing for the majority, dismissed concerns about increased illegal crossings as overstated, emphasizing the risks associated with unlawful entry. Sotomayor referenced a 2018 report from the DHS Office of the Inspector General, which indicated that metering practices had previously led some individuals to cross the border illegally. The ruling reflects ongoing debates about immigration policy and border security in the United States.
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Supreme Court Limits Asylum Applications, Dissenting Justices Warn of Potential Consequences
The Supreme Court's decision on June 25, 2026, requires migrants to physically enter the U.S. to apply for asylum, reversing lower court rulings. Dissenting justices warn this could lead to more illegal crossings, while the majority downplays these concerns. The Department of Homeland Security has not indicated its preparedness for potential changes in asylum seeker behavior.
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Supreme Court Limits Asylum Applications, Dissenting Justices Warn of Potential Consequences