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It's (B), in that when applying for asylum things like illegal entry, including using fake documents or false testimony to gain entry, will not be held against
by openasocket 7y ago
It's (B), in that when applying for asylum things like illegal entry, including using fake documents or false testimony to gain entry, will not be held against you if your reason for doing so was to escape your persecution. See cases like Akinmade v. INS, Turcios v. INS, and Mamouzian v. Ashcroft
- pacala 7y agoAssuming B, the intersection of set I = {people that entered the country illegally} and D = {people who made an asylum claim that was denied} consists of people that broke the law by entering the US illegally. Using fake documents / false testimony to make an invalid asylum request is extra damning. For the central american migrants at the border, this may well be more than 75% of them.
- openasocket 7y agoYou're assuming people know in advance whether or not they have a valid asylum claim, and that the court case will determine perfectly whether or not a claim was valid. Regardless, the result of either illegal entry and having an asylum claim rejected is deportation, so the distinction is academic.