I think you have a point about the legalistic nature. In the video you shared, they had a detail about how it is much harder than in the past for Chinese people

I think you have a point about the legalistic nature. In the video you shared, they had a detail about how it is much harder than in the past for Chinese people to get into the US via a port of entry because visas are scarce. So crossing at a fence gap, or with a ladder or tunnel is their “hack” to actually get into the country. I’m not knowledgeable about the details of the policy in the mentioned in the video that doesn’t allow the border agents to prevent someone from crossing.