I believe that in the instance of those seeking asylum from Cuba, a person may illegally enter not at a port of entry and yet be considered for asylum.
I think Cuba is a special case under the law and highlights the difference from the Southern border.
“I think Cuba is a special case under the law”
That’s the way I remember it.
Unless your name is Elian Gonzales. Then you get the shaft from Beelzebubba.