Thread by @lindsaypcohn

Ok, I’m seeing an enormous amount of confusion/ignorance about how one gets into this country legally vs illegally. I can’t fix that entirely, but I can try to clear some things up.
1/

One way to enter the country legally is to come w a passport from a country that isn’t under a US visa requirement. You can stay for a few months on a tourist visa. You can violate the terms of the visa by working or staying too long.
2/

Another way is to obtain a visa in advance. This is required for tourists from certain countries and for anyone who wants to come and work or study or start a business etc. The process is lengthy, can be expensive, and must be done from your home country.
3/

So what do you do if you are fleeing violence and oppression? A third way to enter legally is to show up at a point of entry (or obtain entry legally) and request asylum. You don’t have to have a visa, or a passport, to apply for asylum.
4/

You CAN’T apply for asylum in advance. The ONLY way to claim asylum is to show up and ask for it (exception: if a relative is already in the US and wants to bring you in under refugee/asylee status).
Repeat: totally legal to show up at a valid point of entry and request asylum
5/

Even people who have entered the country illegally - crossing the border somewhere other than a valid border crossing or giving false information at a valid crossing - can request asylum. Most who cross illegally *want* to be picked up by Border Patrol so they can request asylum.

All law enforcement agencies have discretion in how they choose to engorce the law, and how they treat people who have violated laws ...
7/

This admin’s “zero tolerance” policy is prioritizing the criminal prosecution of a misdemeanor (what most illegal entries are) over the legal obligation to consider a human being’s request for sanctuary and refuge from violence and persecution.
8/

That is NOT a simple matter of “either we enforce the law or we have no laws”. That is a policy choice about what to prioritize and where to allocate resources. It is neither necessary, nor inevitable.
End/

P.s. some ppl asked: I saw one guy say only Cubans are eligible for asylum, and one gal say that if you come from a war zone you are automatically granted free entrance to the USA ... and those were just in the last ten minutes.

Need to add, for everyone saying “why don’t they get in line” etc.:
Aside from asylum, there are three ways to “get in line” for citizenship in the USA: family sponsor, employer sponsor, and diversity lottery.
1a/

Family sponsorship can take ages (20 yrs, sometimes), during which time the applicant has to stay in their home country until they get their green card.

Employer sponsorship is generally limited to those w special skills or those planning to invest a lot of $$.
2a/

The lottery option is available only to ppl from countries that have no large expat presence in the US.

So, if you don’t fall into any of those categories, but you can make a credible asylum claim, that’s what you do.
If you can’t make an asylum claim, there’s no line to get in.

And obviously if you are facing violence/war at home, you can’t afford to wait for family sponsorship. You get to the border and claim asylum.