Mullin v. Al Otro Lado · ¶49

This explanation makes sense of the way that §1158(a) is framed. A careful writer or drafter of statutes may sometimes include language that is not strictly necessary in order to make an important point as clear as possible. Lo renzo, 587 U. S., at 80. And that may well be the reason for the inclusion of the “arrives in the United States” phrase in the provisions in question. This new language in §§1158(a)(1) and 1225(a)(1) makes it clear that arriving aliens are subject to expedited removal but that even those aliens may apply for asylum and that, when they do so, their applications are governed by a special process that allows only limited and expedited review of adverse credible- fear decisions. The language allowing applications by aliens who are “physically present in the United States,” §1158(a)(1), was retained in 1996 so that aliens could continue to apply for asylum well after…

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