Court: Aliens on the Mexican Side of the Border Must Be Let in If They Say They Want Asylum

For once the migrants encounter U.S. officials, they can demand to apply for asylum in the U.S. And that means they can enter and remain here - since the 9th Circuit has already concluded in Innovation Law Lab v. Wolf that the Trump administration's Return to Mexico initiative, returning aliens apprehended along the border back to Mexico to reside during the pendency of their removal/asylum proceedings, is likely "Inconsistent" with and "Does not comply" with the Immigration and Nationality Act.

Thus, if migrants can demand to apply for asylum once they reach the Mexican side of the border, the fate of our border is placed entirely in Mexico's hands.

If Mexico allows migrants intending to illegally enter the U.S. to reach its side of the border, the migrants can demand to apply for asylum and demand to be let in.

If an alien can demand to apply for asylum simply by reaching the Mexican side of America's border wall, then the wall becomes essentially a pointless feature of the border geography.

The phrase "Physically present in the [U.S.]" encompasses noncitizens within our borders, and the phrase "Arrives in the [U.S.]" encompasses those who encounter officials at the border, whichever side of the border they are standing on.

A prior version of provided, "The Attorney General shall establish a procedure for an alien physically present in the [U.S.] or at a land border or port of entry, irrespective of such alien's status, to apply for asylum." It is indisputable that a noncitizen stopped at a border is "At a land border" whether or not they have stepped across.

" The majority concludes that "for the same reasons we just articulated regarding (a)(1), we conclude that a noncitizen stopped by officials at the border is an "Applicant for admission" under (a)(1) because she "Arrives in the [U.S.]" Further, "[b]ecause noncitizens stopped right before the border are 'applicant[s] for admission' border officials have a mandatory duty to inspect them". 

https://cis.org/Fishman/Court-Aliens-Mexican-Side-Border-Must-Be-Let-If-They-Say-They-Want-Asylum