“That’s why legal systems exist. D’OH!!”
From U.S. Citizenship and Immigration Services
“To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.”
https://www.uscis.gov/humanitarian/refugees-asylum/asylum/obtaining-asylum-united-states
If "You may apply for asylum status regardless of how you arrived in the United States or your current immigration status. is actually part of a Constitutionally correct legally passed LAW, I will cede the point.
Bureaucratic unchallenged interpretation?
Nope.