Aliens Without Documents at the Ports Aren’t ‘Seeking to Enter the United States Lawfully’
Regardless of whether CBP ‘immigration officers’ are wearing OFO blue or Border Patrol green, the same rules apply
By Andrew R. Arthur on June 5, 2023
As I have explained numerous times of late, the Biden administration is now funneling would-be illegal migrants through the ports of entry without actually stopping them from entering the United States illegally, and pretending it’s all legal. It’s not, so let me break it down. The key takeaway is that it is no more “legal” for aliens to seek entry at the ports without documents than it is for them to enter illegally without documents between ports of entry. Whether the “immigration officer” who encounters that alien is wearing CBP officer blue or Border Patrol green, the same rules apply.
Two Kinds of Aliens — and a Whole Lot of Subcategories. Under the Immigration and Nationality Act (INA), there are two primary classes of aliens: Aliens who are removable from the United States, and aliens who aren’t. There are a lot of subcategories of aliens who aren’t removable, and almost as many categories of aliens who are.
At the top of the list of aliens who aren’t removable from the United States are “lawful permanent residents” (LPRs), commonly known as “green card holders”. They can live and work in the United States permanently — provided they don’t fall into a status that renders them removable — and to apply after a set period for “naturalization”, the process by which they can become citizens.
Many people — in the White House, in the media, and even in Congress — think appearing at ports of entry without documents and claiming asylum is somehow “more legal” than entering illegally without documents and claiming asylum. It’s not.
Then there are refugees and aliens who have been granted asylum (commonly known as “asylees”). They also can remain permanently provided they don’t fall into a removable status, and to apply under section 209 of the INA to become LPRs after they have lived in refugee or asylee status here for a year.
https://cis.org/Arthur/Aliens-Without-Documents-Ports-Arent-Seeking-Enter-United-States-Lawfully
