Every immigrant , wether documented or undocumented , in the country is here legally. Only when they have their day in court can they be convicted IF guilty of entering the country illegally. You and I , even trump or Biden cannot make that determination. It's called due process and it's open to all , citizen and non-citizen alike , in the United States. It's one of the factors that makes America great. When and if convicted of illegal border crossing they are deported immediately. There are no illegal immigrants in the US. That's the law.