Basically yes. Exactly who has to hear it is variable, if youu2019re caught or refused entry at the border and allege a fear of persecution, you have to undergo a u201ccredible fear interviewu201d with a Homeland Security officer before you can get to an immigration judge, and if your claim doesnu2019t meet the legal standard you will normally get sent back without ever getting your claim heard in Immigration Court. But you will at least be heard by the Homeland Security officer.For an alien to enter the USA anywhere other than at a port of entry is a crime for which they can be prosecuted, but that crime cannot be punished by sending the alien to be persecuted by an oppressor in their home country. They still have to have their asylum claim heard. By the same token, if they do have a valid asylum claim, thatu2019s not a defense for the crime of illegal entry, for which they can still be convicted and punished, they just canu2019t be sent back to their home country.