Mullin v. Al Otro Lado · ¶38

Third, Congress easily could have required immigration officers to inspect any alien who “arrives at” or “reaches” the U. S. border. And it could have used similar language in specifying which aliens may apply for asylum. It did something like that in an earlier provision. See §1158(a) (1994 ed.) (allowing an alien “physically present in the United States or at a land border or port of entry” to apply for asylum (emphasis added)). As just noted, the INA uses similar phrases in other provisions. See, e.g., §1103(a)(10) (referring to “aliens arriving . . . near a land border”). That Congress chose not to adopt those “readily available and apparent alternative[s]” supports our conclusion that the ordinary meaning of “arrives in the United States” controls. Knight v. Commissioner, 552 U. S. 181, 188 (2008).

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