Mullin v. Al Otro Lado · ¶143

It is for this same reason that the majority’s purported “confiden[ce]” that a future policy that “prevent[s] all potential arriving asylum applicants from ever reaching the point where an application could be filed . . . would be quickly challenged” is meaningless. Ante, at 18. Perhaps such a policy would be challenged, but the rule adopted by the majority today forecloses any chance of success for such a challenge: So long as the noncitizens are kept one inch away from U. S. soil, the majority holds that the Government has no duty to inspect them or accept their asylum applications. Sections 1225(a) and 1158(a)(1) should not be construed to allow the Executive Branch so easily to circumvent the detailed and mandatory set of procedures that Congress has enacted.

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