Perhaps Sotomayor fails to grasp the distinction between legal and illegal......howwever;
"The fact that you are in the U.S. illegally is no bar to applying for asylum—though it might cause you to be picked up by the immigration authorities, which would mean you'd have to skip the first, affirmative application step, such that the first hearing on your claim would be in immigration court (also called the "Executive Office for Immigration Review" or "EOIR")." I don't imagine Sotomayor would mind the detention of illegal applicant until the matter is settled...at taxpayers expense of course.