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>> they have done nothing illegal

Crossing into the US illegally is by definition illegal. Misdemeanor, to be exact.



I'll point you to Title 8 Section 1158, 1(a), as mentioned in other places in this thread. Asylum seekers may be excused for illegal entry into the US. An asylum seeker can even use a fake passport to get through customs to apply for asylum: see Akinmade v. INS as an example.




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