AFPI Celebrates Supreme Court Victories for Secure Border Enforcement and Second Amendment Rights
WASHINGTON, D.C. — The America First Policy Institute (AFPI) today celebrates two major landmark victories at the United States Supreme Court in the cases of Mullin v. Al Otro Lado, reinforcing the federal government’s authority to secure the nation’s borders, and Wolford v. Lopez, which reaffirmed the constitutional right of Americans to carry firearms for self-defense.
“Today’s decisions are a victory for the Constitution and the rule of law,” said Chad Mizelle, AFPI senior fellow for law and justice. “The Supreme Court today reaffirmed two fundamental principles: that the United States has the sovereign authority to control its borders, and that constitutional rights can’t be eroded through government overreach. We are glad to see protections to strengthen public safety, uphold the rule of law, and protect constitutional freedoms reinforced by the highest court in the land.”
Mullin v. Al Otro Lado asked a straightforward question: do individuals outside the United States have a legal right to bypass orderly border procedures and demand entry? The case arose from a long-standing border policy known as “metering,” which required migrants to wait in Mexico until U.S. officials had the capacity to process them in an orderly way. Advocacy groups challenged the policy, arguing that anyone who arrives at the border must immediately be allowed to seek asylum and enter the inspection process.
The Supreme Court answered no, holding that “[i]n ordinary speech, no one would say that a person ‘arrives in’ a place—for example, a house, a city, or a country—before the person enters that place,” and reaffirming that the federal government has the authority to manage the border in a safe, controlled, and lawful manner. The decision confirms that immigration enforcement policies can prioritize order, capacity, and national sovereignty.
“This is a clear victory for border security and the rule of law,” said Chad Wolf, chair of Homeland Security and Immigration at the America First Policy Institute. “The Supreme Court made clear that the United States has the right to control its borders and manage how and when individuals are processed. No longer will our CBP agents have to inspect or process asylum claims from aliens waiting outside our borders. This ruling restores the federal government’s ability to manage the border based on operational capacity instead of allowing cartels and mass migration to dictate border policy.”
In Wolford v. Lopez, the court examined whether states can effectively ban lawful concealed carry in everyday public places, also known as the “Vampire Rule.” The case arose from a Hawaii law that made it a crime for licensed gun owners to carry on private property open to the public, like stores, restaurants, and other common locations, unless the owner gave express permission.
The case centered on whether a state can sidestep the Second Amendment by turning most public spaces into off-limits zones. The Supreme Court answered no, stating that “[t]his regime hobbles what the Second Amendment protects: the right of Americans to carry arms for self-defense as they go about their daily lives,” and reaffirming that constitutional rights cannot be restricted through sweeping and indirect bans. The decision makes clear that law-abiding Americans do not lose their Second Amendment rights simply by stepping into everyday public spaces.
“This is a clear victory for the Second Amendment and for law-abiding Americans,” said Knox Williams, AFPI senior fellow for Law & Justice. “States cannot get around the Constitution by making it nearly impossible to exercise a fundamental right. The Supreme Court made clear that the right to carry does not disappear in the places where people live their daily lives.”
Click here to learn more about AFPI’s homeland security and immigration work.
Click here to learn more about the America First position on the second amendment.