October Term 2025 · Docket 25-5
Does the immigration law protect people who reach the border, or only those already inside the United States?
The federal government limits how many people can approach the border to ask for protection. Al Otro Lado says that policy breaks federal law. The Supreme Court must decide what the word arrives means in the immigration statute.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
- — An official Court order was verified.
- — An official Court opinion was verified.
- — An official Court opinion was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
This was the only argument session. Vivek Suri argued for the government. Kelsi B. Corkran argued for Al Otro Lado. No reargument occurred, so nothing changed on a second round.
The government asked the Court to reverse the Ninth Circuit and uphold metering, and to lift the class-wide order and individual order. Its reasoning: the statute requires presence on U. S. soil; one law covers refugees outside the country; Sale supports extraterritorial limits; duties are shared internationally.
Al Otro Lado asked the Court to read the statute to require processing for people who arrive, including those at the border. Its reasoning: turn-backs began around 2016 to avoid processing duties; arrival happens at the threshold; regulations and Thuraissigiam support this.
On mootness, the government said the class-wide order keeps the case live and lifting it gives real relief, and that recurrence is reasonably expected. It said it wants the ability to reinstate metering if justified. Justice Barrett asked whether the agency plans to reinstate metering. Justice Jackson raised the advisory opinion concern.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 1, lines 1-9 — Transcript, file page 1, lines 1-9
- Official Supreme Court Transcript — file page 10, lines 47-13 — Transcript, file page 10, lines 47-13
- Official Supreme Court Transcript — file page 11, lines 33-49 — Transcript, file page 11, lines 33-49
- Official Supreme Court Transcript — file page 16, lines 13-25 — Transcript, file page 16, lines 13-25
- Official Supreme Court Transcript — file page 21, lines 51-39 — Transcript, file page 21, lines 51-39
- Official Supreme Court Transcript — file page 22, lines 41-9 — Transcript, file page 22, lines 41-9
- Official Supreme Court Transcript — file page 25, lines 41-49 — Transcript, file page 25, lines 41-49
- Official Supreme Court Transcript — file page 25, lines 51-11 — Transcript, file page 25, lines 51-11
- Official Supreme Court Transcript — file page 26, lines 15-11 — Transcript, file page 26, lines 15-11
- Official Supreme Court Transcript — file page 27, lines 13-37 — Transcript, file page 27, lines 13-37
- Official Supreme Court Transcript — file page 28, lines 55-17 — Transcript, file page 28, lines 55-17
- Official Supreme Court Transcript — file page 29, lines 29-41 — Transcript, file page 29, lines 29-41
- Official Supreme Court Transcript — file page 30, lines 37-9 — Transcript, file page 30, lines 37-9
- Official Supreme Court Transcript — file page 31, lines 11-17 — Transcript, file page 31, lines 11-17
- Official Supreme Court Transcript — file page 31, lines 25-45 — Transcript, file page 31, lines 25-45
- Official Supreme Court Transcript — file page 35, lines 55-9 — Transcript, file page 35, lines 55-9
- Official Supreme Court Transcript — file page 38, lines 43-7 — Transcript, file page 38, lines 43-7
- Official Supreme Court Transcript — file page 4, lines 23-25 — Transcript, file page 4, lines 23-25
- Official Supreme Court Transcript — file page 43, lines 47-7 — Transcript, file page 43, lines 47-7
- Official Supreme Court Transcript — file page 46, lines 13-47 — Transcript, file page 46, lines 13-47
- Official Supreme Court Transcript — file page 46, lines 53-45 — Transcript, file page 46, lines 53-45
- Official Supreme Court Transcript — file page 46, lines 9-11 — Transcript, file page 46, lines 9-11
- Official Supreme Court Transcript — file page 49, lines 25-11 — Transcript, file page 49, lines 25-11
- Official Supreme Court Transcript — file page 5, lines 27-31 — Transcript, file page 5, lines 27-31
- Official Supreme Court Transcript — file page 5, lines 33-19 — Transcript, file page 5, lines 33-19
- Official Supreme Court Transcript — file page 50, lines 13-55 — Transcript, file page 50, lines 13-55
- Official Supreme Court Transcript — file page 51, lines 15-21 — Transcript, file page 51, lines 15-21
- Official Supreme Court Transcript — file page 52, lines 31-55 — Transcript, file page 52, lines 31-55
- Official Supreme Court Transcript — file page 6, lines 21-47 — Transcript, file page 6, lines 21-47
- Official Supreme Court Transcript — file page 66, lines 29-47 — Transcript, file page 66, lines 29-47
- Official Supreme Court Transcript — file page 67, lines 49-29 — Transcript, file page 67, lines 49-29
- Official Supreme Court Transcript — file page 69, lines 23-43 — Transcript, file page 69, lines 23-43
- Official Supreme Court Transcript — file page 70, lines 39-51 — Transcript, file page 70, lines 39-51
- Official Supreme Court Transcript — file page 79, lines 21-43 — Transcript, file page 79, lines 21-43
- Official Supreme Court Transcript — file page 8, lines 37-45 — Transcript, file page 8, lines 37-45
- Official Supreme Court Transcript — file page 80, lines 43-49 — Transcript, file page 80, lines 43-49
- Official Supreme Court Transcript — file page 89, lines 29-25 — Transcript, file page 89, lines 29-25
- Official Supreme Court Transcript — file page 9, lines 19-23 — Transcript, file page 9, lines 19-23
- Official Supreme Court Transcript — file page 9, lines 41-45 — Transcript, file page 9, lines 41-45
A citizen's guide to the whole case
What this case is about
The case is Noem, Secretary of Homeland Security v. Al Otro Lado. Vivek Suri argued for the government. Kelsi B. Corkran argued for Al Otro Lado.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 23-25 — Transcript, file page 4, lines 23-25
- Official Supreme Court Transcript — file page 43, lines 47-7 — Transcript, file page 43, lines 47-7
- Official Supreme Court Transcript — file page 46, lines 53-45 — Transcript, file page 46, lines 53-45
- Official Supreme Court Transcript — file page 89, lines 29-25 — Transcript, file page 89, lines 29-25
How the case got here
A lower court ruled against the government. The government brought the case to the Supreme Court. The case includes a class-wide order covering many people and an individual order for one person called Beatrice Doe. The government says the class-wide order is still active.
Official sources for this section
- Official Supreme Court Transcript — file page 1, lines 1-9 — Transcript, file page 1, lines 1-9
- Official Supreme Court Transcript — file page 31, lines 25-45 — Transcript, file page 31, lines 25-45
- Official Supreme Court Transcript — file page 38, lines 43-7 — Transcript, file page 38, lines 43-7
- Official Supreme Court Transcript — file page 4, lines 23-25 — Transcript, file page 4, lines 23-25
- Official Supreme Court Transcript — file page 89, lines 29-25 — Transcript, file page 89, lines 29-25
What each side wants
The government asks the Court to reverse the Ninth Circuit and uphold the metering policy. It also asks the Court to lift the class-wide order and the individual order.
Al Otro Lado asks the Court to read the law to require processing for people who arrive. It says turning people back counts as harmful refoulement. It did not object to a type of vacatur called Munsingwear vacatur, which would set the ruling aside while the case stays pending.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 23-25 — Transcript, file page 4, lines 23-25
- Official Supreme Court Transcript — file page 43, lines 47-7 — Transcript, file page 43, lines 47-7
- Official Supreme Court Transcript — file page 46, lines 53-45 — Transcript, file page 46, lines 53-45
- Official Supreme Court Transcript — file page 89, lines 29-25 — Transcript, file page 89, lines 29-25
What each side says
The government argues the law's phrase arrives in the United States requires a person to be on American soil. It says one part of the law covers refugees outside the country, and another covers people already inside. It leans on an earlier case called Sale for limits that reach beyond U. S. borders.
Al Otro Lado argues the law requires processing for people who arrive. It says turn-backs began around 2016 to dodge processing duties. It leans on regulations and an earlier case called Thuraissigiam. It says arrival happens at the threshold, even before someone steps over the line.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 23-25 — Transcript, file page 4, lines 23-25
- Official Supreme Court Transcript — file page 43, lines 47-7 — Transcript, file page 43, lines 47-7
- Official Supreme Court Transcript — file page 46, lines 53-45 — Transcript, file page 46, lines 53-45
- Official Supreme Court Transcript — file page 89, lines 29-25 — Transcript, file page 89, lines 29-25
What the justices asked
Justice Sotomayor asked about the scope of the Sale case and whether treaty duties conflict with metering. She noted a government watchdog report suggesting metering may have been used as cover.
Justice Thomas asked how this case differs from Sale and whether treaty obligations are involved. Justice Kagan asked whether the government's reading makes part of the law redundant, and whether the right at the border means applying for protection or actually crossing.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 13-25 — Transcript, file page 16, lines 13-25
- Official Supreme Court Transcript — file page 21, lines 51-39 — Transcript, file page 21, lines 51-39
- Official Supreme Court Transcript — file page 25, lines 41-49 — Transcript, file page 25, lines 41-49
- Official Supreme Court Transcript — file page 26, lines 15-11 — Transcript, file page 26, lines 15-11
- Official Supreme Court Transcript — file page 29, lines 29-41 — Transcript, file page 29, lines 29-41
- Official Supreme Court Transcript — file page 30, lines 37-9 — Transcript, file page 30, lines 37-9
- Official Supreme Court Transcript — file page 35, lines 55-9 — Transcript, file page 35, lines 55-9
- Official Supreme Court Transcript — file page 46, lines 9-11 — Transcript, file page 46, lines 9-11
- Official Supreme Court Transcript — file page 5, lines 27-31 — Transcript, file page 5, lines 27-31
- Official Supreme Court Transcript — file page 50, lines 13-55 — Transcript, file page 50, lines 13-55
- Official Supreme Court Transcript — file page 6, lines 21-47 — Transcript, file page 6, lines 21-47
- Official Supreme Court Transcript — file page 66, lines 29-47 — Transcript, file page 66, lines 29-47
- Official Supreme Court Transcript — file page 69, lines 23-43 — Transcript, file page 69, lines 23-43
- Official Supreme Court Transcript — file page 70, lines 39-51 — Transcript, file page 70, lines 39-51
- Official Supreme Court Transcript — file page 8, lines 37-45 — Transcript, file page 8, lines 37-45
- Official Supreme Court Transcript — file page 80, lines 43-49 — Transcript, file page 80, lines 43-49
- Official Supreme Court Transcript — file page 9, lines 41-45 — Transcript, file page 9, lines 41-45
Why it matters
The case decides whether the government can keep people away from the border before they reach it. If the law covers people at the threshold, metering may be unlawful. If it covers only people on U. S. soil, metering may stand. The answer shapes how thousands of people can seek protection.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 23-25 — Transcript, file page 4, lines 23-25
- Official Supreme Court Transcript — file page 43, lines 47-7 — Transcript, file page 43, lines 47-7
- Official Supreme Court Transcript — file page 46, lines 53-45 — Transcript, file page 46, lines 53-45
- Official Supreme Court Transcript — file page 89, lines 29-25 — Transcript, file page 89, lines 29-25
What the Court decided
A person arrives in the United States under the immigration laws only when he actually crosses the border and enters the country, not while standing in Mexico blocked from entry. Therefore, aliens stopped on the Mexican side are not entitled to inspection or to apply for asylum.
The Ninth Circuit's judgment was reversed, and the case was remanded to that court for further proceedings consistent with the Supreme Court's holding.
Official sources for this section
- Official Supreme Court Opinion — file page 2, lines 1-1 — Opinion, file page 2, lines 1-1
- Official Supreme Court Opinion — file page 4, lines 1-1 — Opinion, file page 4, lines 1-1
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Verified official opinions and orders
- Official Court disposition document (date not established)
- Official Court disposition document (date not established)
- Official Court disposition document (date not established)
- Official Court disposition document (date not established)
- Official Court disposition document (date not established)
Title and summary sources
- Official Supreme Court Transcript — file page 4, lines 23-25 — Transcript, file page 4, lines 23-25
- Official Supreme Court Transcript — file page 43, lines 47-7 — Transcript, file page 43, lines 47-7
- Official Supreme Court Transcript — file page 46, lines 53-45 — Transcript, file page 46, lines 53-45
- Official Supreme Court Transcript — file page 89, lines 29-25 — Transcript, file page 89, lines 29-25
- Official Supreme Court Transcript — file page 4, lines 23-25 — Transcript, file page 4, lines 23-25
- Official Supreme Court Transcript — file page 43, lines 47-7 — Transcript, file page 43, lines 47-7
- Official Supreme Court Transcript — file page 46, lines 53-45 — Transcript, file page 46, lines 53-45
- Official Supreme Court Transcript — file page 89, lines 29-25 — Transcript, file page 89, lines 29-25
Revision history
- Revision 1 · Official Transcript ·
- Revision 2 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 3 · Official Transcript ·
Correction: Removed an unsupported statement that the Court had not ruled; the available source set did not establish that absence.
- Revision 4 · Official Transcript ·
Correction: Corrected unsupported no-ruling language and clarified that the article's disposition summary is incomplete.
- Revision 5 · Post Opinion ·
Correction: Added the holding and disposition from the verified official Court opinion.
- Revision 6 · Post Opinion ·
Correction: Added the holding and disposition from the verified official Court opinion.
- Revision 7 · Post Opinion ·
Correction: Removed direct-quotation marks from public paraphrases.
- Revision 8 · Post Opinion ·
Correction: Migrated to the dated official Court activity contract without model use.