Mullin v. Al Otro Lado · ¶154

This change, properly contextualized, did not exclude those at the border from being “applicants for admission,” but rather “redefine[d] applicants for admission to include aliens who entered the United States without inspection.” 62 Fed. Reg. 10312 (describing IIRIRA’s changes). As the Committee Report explained, IIRIRA was designed to ensure that noncitizens “who have entered the United States without inspection” do not “gain equities and privileges in immigration proceedings that are not available to aliens who present themselves for inspection at a port of entry.” H. R. Rep. No. 104–469, p. 225 (1996); see id., at 157 (explaining that IIRIRA subjected noncitizens who entered unlawfully to “the same burden” as someone “seeking to be admitted at a port of entry”); id., at 228 (similar).

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