In regards to asylum, it does not matter if the border was crossed in a legal manner or not. It is not pertinent, according to US law.There's not a clear holding at this point that crossing a US border to claim asylum is a crime. It's probably not...
Also, let me point out that the president, byt illegally turning away asylum seekers at points of entry, encourages illegal entry to get here to claim asylum so he can exacerbate the problem and get the rubes excited.