The Ben Shapiro Show

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Ep. 2454 - Trump WIN: SCOTUS Says Send Them Home

Explore episode Jun 26, 2026

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Mullen v. El Otro Lado: Standing in Mexico ≠ Arriving in America

At 14:30 · chapter starts 13:10

The metering policy was born under Obama in 2016 when border crossings surged, and it exploited a simple legal fact: the US only owes asylum processing to people physically 'in the United States.' Trump expanded and formalized it; Biden ended it. Trump 2.0 reimposed it. The plaintiffs — migrants turned away at the border — argued that waiting in line was legally equivalent to being in the country. Justice Alito's majority opinion demolished that claim with a sequence of everyday analogies: a running back at the one-yard line hasn't scored; a guest knocking on the door hasn't arrived; an army camped outside the walls hasn't entered the city. Shapiro quotes it at length and clearly relishes the clarity. Justice Thomas's concurrence is even starker, holding that Congress has no power to compel the president to bring aliens into the country at all, and that non-citizens who have never entered the US have no constitutional rights under which to sue.

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