Mullin v. Al Otro Lado · ¶151

Finally, there is no other evidence that Congress amended § 1225(a) to create the “one foot across the border” rule that the majority today imposes. Indeed, the Committee Report described IIRIRA's amended § 1225(a) as applying to any noncitizen who “arrives at the United States, whether or not at a designated port of arrival,” H. R. Rep. No. 104–469, at 228, reinforcing again that the majority's fxation on the preposition “in” is misplaced. The federal regulations implementing IIRIRA understood § 1225 the same way as soon as IIRIRA was passed. See supra, at 295. The history of § 1225(a) thus reinforces that it applies to all who are arriving, including those who have not yet crossed the border.

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