Mullin v. Al Otro Lado · ¶84

Since 1917, Congress has required immigration officers to inspect noncitizens who arrive at ports of entry to determine whether they may enter the United States. Since 1980, Congress has allowed noncitizens who are fleeing persecution in their home country to apply for asylum as part of this inspection process. Congressional statutes lay out a mandatory set of procedures to guide this process. A noncitizen who “arrives in the United States (whether or not at a designated port of arrival . . . )” and seeks admission “shall be inspected by immigration officers,” 8 U. S. C. §§1225(a)(1), (3), and “may apply for asylum,” §1158(a)(1). If a noncitizen who “is arriving in the United States” lacks valid travel documents, the officer “shall order [her] removed,” unless she conveys an intention to apply for asylum or a fear of persecution, which in turn requires the officer to “refer” her for…

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