AOC is wrong for multiple reasons. According to
federal regulation, anyone who crosses the border illegally is subject to criminal prosecution. As is the case in criminal proceedings –
regardless of the immigration status of the criminal offender – the individual being prosecuted will be transferred to federal criminal custody for breaking United States law. Asylum or DACA status does not automatically protect an illegal immigrant from prosecution or deportation under the law. They are still, in fact, illegal immigrants until a court reviews their case and deems they have cause.
Options like asylum and DACA are loopholes in the normal legal framework that allow migrants to defer potential prosecution, and Democrats have facilitated the abuse of these loopholes.
The immigration laws have not changed, the Biden Administration chooses not to enforce them and blue states choose to interfere with immigration enforcement. In fact, Biden has been actively using Border Patrol agents and the National Guard, not to catch and arrest migrants slipping into the US, but to process them and relocate them into the US faster.
The laws are already on the books, my friend.