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.” The most effective lies and breaches of Constitutionality are lies of omission. I don't give a rat sass about some bureaucrat's
interpretation of the actual legislation. Cite the legislation and the debates leading up to it and then we can talk.
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.
Section 8, US Code 1158.
The law spells out the procedure rather clearly, and defines exceptions.
However, the law does need to be revised, but Congress has been unwilling to act.