Fact checkPoliticsPublished October 3, 2026

The claim

“An individual standing in Mexico does not legally arrive in the United States by attempting to enter the country.”

Justice Samuel AlitoNews reportOctober 3, 2026Read the original

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.

Contradict 0Support 3Background 3
When each source was published
23.211.139.208 · Jun 2026 · supports the claimmatthewvadum.com · Jun 2026 · backgroundcongress.gov · Jun 2026 · supports the claimJun 2026Jun 2026

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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