Of course they do...they arrest them for crossing illegally lol.
Here is an official information page from Arizona
Green Evans-Schroeder, a Tucson immigration law firm, provides key insights in this FAQ guide to help you understand asylum at the border and navigate your legal rights.
www.arizonaimmigration.net
It seems in a way we were both wrong
While many asylum seekers follow the proper procedure by applying for asylum at a port of entry, many asylum seekers continue to illegally cross the border.
The law about entering in a Port of entry, applies to all non citizens crossing the USA border.
Under 8 U.S.C. Sec. 1325, it is a crime for any noncitizen to enter (or even to "attempt" to enter) the United States anywhere other than a designated entry point, or "port of entry" or "POE." Therefore, in order for asylum seekers to avoid exposure to criminal prosecution for illegal entry to the United States, they must seek asylum at a port of entry along the border.
But of course this means that it is NOT illegal for non citizens to enter at a port of entry.
So, some asylum seekers follow the proper procedure and don't break any laws by coming into USA at a Port of Entry and then seeking to submit an Asylum claim.
But some asylum seekers break the law and cross at a place other than the Port of Entry. If they get caught or turn themselves into the authorities they can be charged for illegal entry, but they can also submit an Asylum claim. It is only once they submit an Asylum claim that they become an Asylum seeker. If they haven't submitted a claim, they are just simply illegally in the USA.
For asylum seekers that enter at a place other than a Port of Entry, the authorities may or may not charge them for illegal entry
When they are apprehended by Customs and Border Protection, there are two possibilities. First, they may be criminally charged with illegal entry (a misdemeanor) or illegal reentry (a felony) and, only after they finish their criminal cases, further detained by Immigration and Customs Enforcement (ICE) to await their credible or reasonable fear interviews. Second, they may not be prosecuted, and simply detained by ICE to await their interviews in an immigration detention center.
When the Asylum seeker process is kicked off, the following applies
Asylum seekers are subject to expedited removal, which is an accelerated process that allows the Department of Homeland Security to perform rapid deportations. All asylum seekers are subject to expedited removal, regardless of whether they present themselves to immigration officials at a port of entry, or they are apprehended somewhere else near the border.
However, they can stay if reasonable fear is claimed.
However, if someone in either of these situations expresses a fear of returning to their countries, their rapid deportations are suspended. Those subject to expedited removal are detained and will receive credible fear interviews. On the other hand, those subject to reinstatement of removal are detained and will receive reasonable fear interviews.
This doesn't get them into the USA just yet. They first get to participate in reasonable fear interviews.
WHAT ARE CREDIBLE AND REASONABLE FEAR INTERVIEWS?
There is not much difference between credible fear and reasonable fear interviews. The purpose of each interview is to determine whether the person asking for asylum actually has a story that is believable, and also whether the circumstances of the story rise to the legal level required to apply for asylum, withholding of removal, or the Convention Against Torture. Credible and reasonable fear interviews are conducted by asylum officers.
It can take quite a while before these people can participate in these interviews.
In the past, asylum seekers who arrived at a POE were typically transported directly to an ICE detention center to await their credible or reasonable fear interviews. The interviews have historically taken anywhere between 2 weeks and 2 months to complete, depending on the Asylum Office's staffing resources. However, since April 2018, Customs and Border Protection has been using a policy called "metering" at the ports of entry. Metering is a process that limits the number of people who can request asylum at a U.S.-Mexico border port of entry each day. Asylum seekers who approach a port of entry are told turn around and to go to a designated location to put their names on a waitlist
The waitlist can take from 2 weeks to two months.
For those who apply for asylum at a port of entry, the credible or reasonable fear interview may take place at or near the border, or they may be transferred to an ICE detention facility in the interior of the U.S. to await their interviews.
So asylum seekers that are at a port of entry, they get detained (NOT arrested, as they haven't done anything illegal) and held at an ICE detention facility, and they wait there, to have their reasonable fear interviews.
After the credible or reasonable fear interview, the asylum officer will take some time to consider the evidence that she collected during the interview process.
They remain detained until the results of the interview are assessed and a determination is made.
An asylum officer can render a decision within a few days, or it may take a few weeks.
So what happens if the assylum officer determines that the asylum is probably warranted?
If the asylum officer returns a positive determination, the asylum seeker is allowed to start formal removal proceedings with an immigration judge in the immigration court. The process of applying for asylum with an immigration judge is much longer. If the asylum seeker remains detained, the process will normally last between 4-8 months.
So far the asylum seeker has waited (in a detention facility) 2 weeks to two months to have an interview. Then they have waited (in the detention facility) a few days, to a few weeks for an outcome from their interview. Then they have waited (in the detention facility) 4-8 months for a judge to make a determination.
If the judge gives them a positive result
If the asylum seeker is in detention, he or she will be released. If the asylum seeker wins asylum, he or she may apply for lawful permanent residency approximately one year later, and may ultimately apply for citizenship through the naturalization process five years after that.
Asylum seekers going through the correct process typically are detained for the whole time
Asylum seekers without prior deportations who arrive at a port of entry. Asylum seekers who have never received prior deportation orders who request asylum at a port of entry are considered to be "arriving aliens" who are subject to "mandatory detention." CBP, ICE, and the immigration judges all consider this group of asylum seekers to be ineligible for release on bond at any time during their legal proceedings.
Except when...
The only exception recognized by these government agencies is that CBP or ICE may, in their discretion, decide to release certain asylum seekers on "parole." For example, when families arrive at the borders, CBP still frequently releases young children and their mothers on parole before they even have their credible fear interviews.
However
However, for those who are detained for credible fear interviews, it is very rare for ICE to grant requests for release on parole, even after asylum seekers pass their credible fear interviews.
But if it's taking way too long
There are, however, valid legal arguments that depriving this category of asylum seekers from receiving bond hearings after being detained for 180 days is unconstitutional. In order to assert these rights, however, asylum seekers must file petitions for habeas corpus in the U.S. District Court.
So if they are out on "parole" or out on habeas corpus then they are in the country legally, but need to turn up for their court case when it finally eventuates.
It is one hell of a process. Asylum seekers coming into a Port of Entry have committed no crimes and done nothing illegal, and yet they are detained for several months. If it takes too long or if they otherwise qualify for parole, they might be allowed out of detention and into the country. But at no point are these people illegal.
Unless they have entered at a place other than a Port of Entry or if they overstay and do not turn up to court or if they lose in court and stay in the country.