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Immigration

Trump Administration Sweeps All of the (Other) Immigration Cases at SCOTUS

With the Birthright Citizenship case still undecided, the Trump Administration has prevailed in every other immigration case before the Court this term, and some are quite consequential.

Jonathan H. Adler | 6.25.2026 12:06 PM

Today the Trump Administration completed its clean sweep of the non-birthright-citizenship immigration cases at the Supreme Court. Some of these decisions are quite significant. This highlights that the current Court is quite sympathetic to aggressive executive branch action in the immigration sphere--aggressive action often expressly authorized by Congress--even if it is likely to reject the Administration's unlawful attempt to unilaterally rewrite the law of citizenship.

The first immigration decision today was Mullin v. Al Otro Lado, in which the Court held, 6-3 in an opinion by Justice Alito, that an alien seeking to enter the United States from Mexico does not "arrive in the United States" unless and until the alien actually enters the country. This matters because an alien cannot apply for asylum until arriving in........

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