“`html
On June 25, 2026, the U.S. Supreme Court dropped a ruling that will affect thousands of asylum seekers overnight. In Mullin v. Al Otro Lado, the Court ruled 6-3 that asylum seekers physically waiting in Mexico at a U.S. port of entry have not legally “arrived in” the United States under the Immigration and Nationality Act — and therefore have no statutory right to be inspected or to apply for asylum at those ports. That’s a massive shift. It gives full legal cover to the federal government’s “metering” policy, which turns back migrants waiting at official border crossings. If you or someone you love is seeking asylum or planning to present at a port of entry, this ruling changes your options in a very real way. Contact Tez Law P.C. for a free consultation — don’t wait.
Background: What Is Metering and What Did the Court Decide?
“Metering” — sometimes called queue management — is a federal border policy where Customs and Border Protection officers turn away asylum seekers who show up at official U.S. ports of entry and tell them to wait in Mexico until space opens up. For years, advocates argued this violated Section 208 of the INA, which requires the government to allow anyone who “arrives in” the United States to apply for asylum, regardless of legal status. It seemed straightforward. The Supreme Court disagreed. In Mullin v. Al Otro Lado, a 6-3 majority — written by Justice Barrett and joined by the Court’s five other conservative justices — held that someone standing on the Mexican side of an official port of entry, even right at the threshold of a U.S. inspection booth, has not legally “arrived in” the United States under the INA. The Court read those words to require actual physical presence on U.S.-controlled soil. Proximity to the border isn’t enough.
“`
The three dissenting justices — Sotomayor, Kagan, and Jackson — argued forcefully that the majority’s interpretation defies the plain text of the statute and the long-standing principle that international law obligates the United States to allow asylum seekers to access the protection system at official ports. Justice Sotomayor wrote that the ruling “transforms a legal pathway into a legal fiction.”
The practical effect is sweeping: presenting at a port of entry is no longer a legally protected pathway to seek asylum in the United States. The government can lawfully turn away anyone who has not yet crossed onto U.S.-controlled territory, with no obligation to process their asylum claim or even record their name.
How This Affects Asylum Seekers, Immigrants, and Their Families
This ruling has immediate, devastating consequences for specific groups. Understanding whether you are affected is critical:
- Asylum seekers currently waiting in Mexico: If you are enrolled in a metering list, waiting at a shelter near a port of entry, or participating in any informal queue system at a border crossing, you no longer have a statutory right to be admitted for inspection. CBP officers may legally turn you away indefinitely.
- Families separated by metering: Individuals who were turned back under metering and subsequently crossed between ports of entry may now face criminal prosecution without any recognized legal justification for their original crossing.
- Migrants with prior removal orders: The ruling further erodes options for people with existing removal orders who hoped to reapply through a port-of-entry presentation. That pathway is now legally closed.
- Advocates and legal organizations: Nonprofits that have operated border legal clinics advising migrants to present at ports of entry must immediately revise their guidance.
- U.S. citizens and lawful permanent residents with family abroad: Family members you were hoping to sponsor who are currently in Mexico awaiting a port appointment through CBP One or informal metering lists face renewed uncertainty about safe, legal pathways.
If any of these circumstances apply to you, speaking with an experienced immigration services attorney is no longer optional — it is urgent.
What You Should Do Now: Actionable Steps
The legal landscape has shifted dramatically. Here is what we recommend doing immediately:
- Do NOT attempt to present at a port of entry without legal counsel. Without a statutory right to inspection, doing so now carries greater risk of prolonged detention or permanent bar consequences. Get legal advice first.
- Document everything. If you or a family member were previously turned back under metering, preserve all records — dates, CBP officer names or badge numbers, written documents, and any communications. This evidence may be critical for future legal challenges or humanitarian parole applications.
- Explore alternative pathways immediately. Depending on your nationality, family ties, and circumstances, other pathways may still exist — including humanitarian parole, Special Immigrant Juvenile Status (SIJS), T or U visas for trafficking or crime victims, or adjustment of status through family petitions. An immigration attorney can evaluate which options apply to your situation.
- Monitor CBP One and embassy appointment availability. While the Mullin ruling eliminates the statutory right to present, consular processing through the National Visa Center (NVC) and embassy appointments remain intact for eligible individuals. These pathways have not been affected by this ruling.
- Contact a qualified immigration attorney now. This ruling is new law as of June 25, 2026. Immigration officers are already implementing it. The window to act under prior guidance has closed. Schedule your free consultation with Tez Law P.C. today.
Why Choose Tez Law P.C. for Your Immigration Case
At Tez Law P.C., managing attorney JJ Zhang (California Bar #326666) leads a dedicated immigration practice that handles cases across the entire United States. We understand that immigration law is not static — it evolves with every Supreme Court decision, executive policy change, and regulatory update. The Mullin v. Al Otro Lado ruling is exactly the kind of seismic shift that requires you to work with counsel who is current, aggressive, and deeply experienced.
Our immigration services include asylum applications, removal defense, family-based petitions, humanitarian relief, adjustment of status, consular processing, and emergency motions. We serve clients nationwide — from California to Texas, New York to Florida — and we offer consultations in multiple languages.
We also handle personal injury matters for clients whose immigration status has been complicated by accidents or injuries, including cases involving workplace injuries that may qualify for U or T visa relief.
Your situation is unique. Your legal strategy should be too. Let us build yours.
Frequently Asked Questions
Does the Mullin ruling mean asylum no longer exists in the United States?
No. The Mullin v. Al Otro Lado decision does not eliminate asylum as a form of relief. It specifically eliminates the statutory right for individuals physically present in Mexico at a port of entry to demand inspection and to apply for asylum at that port. Asylum remains available to individuals who are physically present in the United States or who have been admitted or paroled. Consular processing, humanitarian parole, and other legal pathways that bring individuals into the U.S. with lawful status can still lead to asylum or other forms of protection. An immigration attorney can assess which available pathways apply to your specific situation.
I was turned back under metering before June 25, 2026. Can I still file a lawsuit or claim?
Possibly. While the Supreme Court’s ruling in Mullin forecloses the primary statutory argument that metering violated the INA, other legal theories may still be available depending on the facts of your case. These include claims under the Convention Against Torture (CAT), constitutional due process arguments, or claims tied to international treaty obligations. Additionally, if you suffered harm — physical injury, family separation, or detention — as a direct result of an unlawful turnback, you may have separate claims. You should consult with an experienced immigration attorney as soon as possible to evaluate your options before any applicable statutes of limitations expire.
My family member is currently waiting in Mexico under a metering list. What are their options now?
This is one of the most pressing questions we are hearing from clients right now. With port-of-entry presentation no longer a legally protected right, individuals on metering lists in Mexico face significant uncertainty. However, depending on your family member’s specific circumstances, several alternatives may still be viable: (1) consular immigrant visa processing if they are the immediate relative of a U.S. citizen or lawful permanent resident; (2) humanitarian parole applications filed on their behalf from within the United States; (3) Special Immigrant Juvenile Status if they are a minor who has been abused, neglected, or abandoned; or (4) T or U visa eligibility if they have been a victim of trafficking or certain crimes. We strongly urge you to contact Tez Law P.C. for a case-specific evaluation so we can identify the fastest and safest legal pathway for your family member.
The Supreme Court’s ruling in Mullin v. Al Otro Lado has closed a door that thousands of asylum seekers relied upon. But doors close and windows open — and an experienced immigration attorney knows where those windows are. Tez Law P.C. is ready to help you navigate this new legal reality with strategic, compassionate, and aggressive representation. Do not wait. Contact us today for your free consultation and let us protect your rights and your future.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.