Don't try to get too cute. Crossing the border at any place other than a legal port of entry is a crime. Don't try to get too cute. The law is complex and goes beyond what fits on your bumper sticker. It unlawful, illegal, ie. a crime to cross into the United States at any place without the permission of an agent of the U.S government, usually a border agent a lawful point of entry. If a person claims and subsequently receives asylum, it does not make that entry lawful, it only removes the penalty of deportation. It is a misdemeanor, except it is felony for any immigrant who as been deported before and has returned. Where the uninformed tards get confused is that it is indeed just a civil infraction to be in the United States unlawfully. In other words, if an immigrant is found to be here without documentation but much time or distance has passed so that witnessing/verifying the actual border crossing is not possible or they are beyond the range where border patrol has jurisdiction then it becomes a civil violation- which ICE deals with procedurally by just deporting them without prosecution or by sending notice to them that they have to self-deport. This is also the procedure that is used for visa overstays. It then becomes a crime to be here if you have not left by the time specified in the civil notice. Clearly, you see many ICE deportations that do involve arrests and treatment of the immigrant as a criminal right from the get-go, and that is because they are picking up many immigrants who also have warrants for their arrest which is a complicating and exacerbating factor beyond simple presence in the U.S. To complicate things even further, there are many instances where ICE just wants to move the immigrant out without processing through court and holding and all of that as you would to someone being processed criminally, but the person being deported has the right to a hearing if they want and so holding and detention may come into play even if ICE just wants to proceed from a civil violation approach, ie. we just want to move you out. Some immigrants want that. Some don't. They want to play the long game and see if they can get released into the community. Others want to get while the getting is good for various reasons. It's all bullshit anyway. Our laws all need to be changed. You should have to request asylum at an American embassy outside of the U.S. and then wait for your hearing if you get one.
“You should have to request asylum at an American embassy outside of the U.S. and then wait for your hearing if you get one.” Exactly!