Mullin v. Al Otro Lado · ¶60

That concern is overstated and in any event cannot defeat the best reading of the text. Metering does not permanently bar any alien from arriving in the United States and then applying for asylum. It merely delays the date when some may enter. Illegal entry, on the other hand, may be expensive and dangerous, and it carries adverse legal effects. Entry at an improper location is a crime. §1325(a). An alien becomes ineligible for asylum if he unlawfully re-enters the country after having been removed. §1231(a)(5). And an alien unlawfully present in the country is ineligible for various government benefits. §§1621(a), 1641(b). An alien whose admission and inspection are delayed due to metering would need a powerful reason to apply for asylum immediately for it to be preferable to run all the risks of illegal entry.

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