While they process your application you are given access... These applications could be for political or humanitarian grounds...
It is meant to take 6 months but the backlog has it at two years.
Note: The asylum process is one of many parts of the U.S. immigration system that have been significantly changed in the wake of the novel coronavirus 2019 (COVID-19) pandemic. As of March 20, 2020, all new asylum seekers have been denied access to the asylum process and are being immediately...immigrationforum.org
And yes they have a right to a lawyer and there day in court... US is rejects considerably way higher than the international norm.
You really don't know the constitution, everyone who arrives has the right of due process and have the same rights in the Constitution...
You are a simpleton guilty of over-simplified rhetoric
How those rights play out in practice is more complex.
Right to due processWhat the law says: The Fifth Amendment states that “no person … shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.”
The issue of due process is at the heart of many immigration cases, including Reno v. Flores, the 1993 Supreme Court case that has returned to the spotlight with the surge in family separations. The case led to an agreement requiring the government to release children to their parents, a relative or a licensed program within 20 days.
In the ruling, Justice Antonin Scalia wrote “it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”
How it works in practice: Immigrants have the right to due process. But in reality, says, Andrew Arthur, a resident fellow in law and policy at the conservative Center for Immigration Studies, “courts of law run the gamut.”
In some cases, immigrants are not granted a hearing at all.
White House Press Secretary Sarah Sanders pointed to the process of “expedited removal,” which was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
“Just because you don’t see a judge doesn’t mean you aren’t receiving due process,” Sanders said.
Under the expedited removal process, immigrants who have been in the country illegally for less than two years and are apprehended within 100 miles of the border can be deported almost immediately without going through a court hearing.
The exception is asylum seekers, who must be granted a hearing.
Those who are not processed through expedited removal have the right to due process in an immigration court, where the main goal is to decide whether a person has a legal claim to remain in the U.S.
“In immigration court, you have very few rights,” said John Gihon, an immigration attorney who spent six years as a prosecutor for U.S. Immigration and Customs Enforcement before moving into private practice.
Gihon says the bar for what constitutes evidence is lax in immigration court. Documents do not have to be authenticated, and hearsay, a statement made by someone outside of the court, as opposed to on the witness stand, counts as admissible evidence. Hearsay is not allowed in most U.S. courts.
“In the majority of cases, it’s a lock solid 100 percent guaranteed conviction because there is little defense, and most would confess they crossed the border illegally,” Gihon said.
The right to legal counselWhat the law says: The Sixth Amendment states that “In all criminal prosecutions, the accused shall…have the assistance of counsel for his defense.”
The Supreme Court ruled in the 1963 case Gideon v Wainwright that if a person is too poor to hire an attorney, the government must appoint one.
How it works in practice: Because most deportation proceedings are civil rather than criminal cases, the right to legal counsel often doesn’t apply.
Under the law, anyone facing a criminal charge has the right to counsel. However, the government is only required to provide counsel if the person is accused of a felony. Crossing the border illegally is a misdemeanor.