The claim
“An individual standing in Mexico does not legally arrive in the United States by attempting to enter the country.”
Justice Samuel Alito made the claim on 3 October 2026, as reported by ABC News in a story about the Supreme Court allowing asylum seekers to be turned away at the border.
Our verdict
True
The claim is accurate. The Supreme Court's decision in Mullin v. Al Otro Lado confirms that a person standing in Mexico has not legally arrived in the United States simply by trying to enter.
What we found
We checked the Supreme Court decision in Mullin v. Al Otro Lado. A legal case page from Cornell Law School records that the Court held an alien standing in Mexico does not 'arrive in the United States' by attempting, and failing, to set foot in the country. The Congressional Research Service says the Court ruled that people stopped on the Mexican side are not legally entitled to an inspection, which confirms they have not arrived under immigration law. We found no source that contradicts this.
The evidence
3 of 6 sources support the claim; none contradict it.
- Supports the claim
The Cornell Law School page for Mullin v. Al Otro Lado records that the Supreme Court held an alien standing in Mexico does not 'arrive in the United States' by attempting, and failing, to set foot in the country.
law.cornell.edu· MULLIN v. AL OTRO LADO - Supports the claim
The Congressional Research Service says the Court ruled that people stopped on the Mexican side are not legally entitled to an inspection, so they have not arrived under immigration law.
congress.gov· Mullin v. Al Otro Lado: Supreme Court Determines That “Metering” Policy Is LawfulJune 30, 2026
- Supports the claim
The Supreme Court opinion page records that the case concerns whether an alien standing in Mexico has 'arrived in the United States' under US immigration law.
23.211.139.208· 25-5 Mullin v. Al Otro Lado (06/25/2026)June 25, 2026
- Background
ABC News reported that Justice Alito wrote an opinion stating that an alien standing in Mexico has not 'arrived in the United States'.
abcnews.com· Supreme Court lets Trump turn away asylum seekers at the border - Background
Matthew Vadum reported on the outcome of the Mullin v. Al Otro Lado decision, providing background on the ruling.
matthewvadum.com· Supreme Court’s Alito offers unusual response to Sotomayor’s dissent in immigration caseJune 25, 2026
- Background
A Facebook post by Judicial Watch attributes to the Supreme Court the statement that an alien standing in Mexico who tries but fails to set foot in the United States has not 'arrived' for asylum purposes.
facebook.com· 8.7K views · 498 reactions | FITTON: The Supreme Court ruled that when the law says you can claim asylum if you arrive in the United States, that doesn’t mean you can claim asylum if you arrive in Mex
What we could not confirm
- We did not find a clear legal definition of 'arrival' in the sources, so the conclusion depends on the Supreme Court ruling rather than a plain legal statement.
How we checked
We looked at the Supreme Court case page, the Congressional Research Service analysis, ABC News reporting, and related legal commentary. We reviewed 8 relevant sources.
Have evidence we missed?
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