Mullin v. Al Otro Lado · ¶111
Notably, respondents’ interpretation of §§1225(a) and 1158(a)(1) has been the consistent interpretation adopted by federal regulations since the current language of these provisions was enacted in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). These Executive Branch interpretations are “especially useful in determining the statute’s meaning” because they were “issued contemporaneously” with IIRIRA and “have remained consistent over time.” Loper Bright Enterprises v. Rai mondo, 603 U. S. 369, 394 (2024). In 1997, six months after IIRIRA was enacted, the Government promulgated a regulation defining “arriving alien” to include any noncitizen “who seeks admission to or transit through the United States . . . at a port-of-entry.” 62 Fed. Reg. 10330. The Government amended that regulation in 1998, defining “arriving alien” as any “applicant for admission…Read in context ›
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