Mullin v. Al Otro Lado · ¶52

Even if statutory text and context were not enough to reject the Ninth Circuit’s and respondents’ interpretation of “arrives in the United States,” the presumption against extraterritoriality would tip the scale against that position. This presumption is a “‘longstanding principle of American law’” under which courts will not give a statute effect outside the territory of the United States unless Congress “‘clearly expresse[s]’” a contrary intent. Morrison v. Na tional Australia Bank Ltd., 561 U. S. 247, 255 (2010); see RJR Nabisco, Inc. v. European Community, 579 U. S. 325, 335 (2016) (asking whether Congress “affirmatively and unmistakably instructed” that the statute have extraterritorial effect).

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