Mullin v. Al Otro Lado · ¶156

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 fixation 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 12. 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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