Mullin v. Al Otro Lado · ¶48

The most plausible explanation is the link between the “arrives in the United States” language and expedited removal. Both were added by IIRIRA in 1996. Before then, aliens who were “physically present” in the United States could apply for asylum, see §1158(a) (1994 ed.), but no provision of the INA authorized expedited removal of arriving aliens who were inadmissible under §1182. The expedited removal process created by IIRIRA begins when an alien “arrives in the United States” and is inspected, see §§1225(a)(1), (3), and it seems likely that the “arrives in the United States” language was added to §1158(a)(1) to correspond with the event—arrival—that triggered this new process. See Tr. of Oral Arg. 21–22 (Government counsel arguing for this explanation of the partial redundancy); Brief for Respondents 8–9 (explaining that IIRIRA added the phrase “arrives in the United States” to…

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