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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Halls of Shrewd'm / US Policy
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Author: albaby1 SILVER
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Number: of 84362 
Subject: Re: NYC HS Students Forced....
Date: 01/10/24 5:53 PM
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Are you telling me the Admin has no control over the procedure the immigrant uses. Does each immigrant get to define his own port of entry?

The legislation actually nails down this detail?


Yep. 8 USC 1158(1)(a):

"Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title."

law.cornell.edu: 8 U.S. Code § 1158 - Asylum | U.S. Code | US Law

Unlike virtually every other immigration application, the U.S. Code explicitly allows asylum requests from anyone who is physically present in the U.S. regardless of how they entered. For almost any other immigration application, arriving outside of a port of entry and crossing the border illegally disqualifies you from the request. But not asylum. Says so right in the statute.

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This community has written 84,309 posts about US Policy. The article-length ones it recommended most:
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