For almost 40 years, Congress has clearly stated that a foreign national who presents herself
anywhere on the U.S. border or at a port of entry such as a harbor or airport has a right to claim asylum. In language
codified as part of the Refugee Act of 1980, Congress authorized asylum claims by any foreign national “physically present in the United States
or at a land border or port of entry” (emphasis added). Congress changed this text in 1996, but expressly reaffirmed in
8 U.S.C. 1158(a)(1)the eligibility for asylum of “any alien who is physically present in the United States or who arrives in the United States
(whether or not at a designated port of arrival)"