if those people first reported to a regulated border point before trying to enter america then yes you are correct.
if they did not report to a border point and crossed the border without going through a regulated crossing they have committed a crime. at that point any person who crosses the border not at a regulated port is in america illegally. seeking asylum or not.
you live so close to the border. can you tell us the general area please. might help to understand the differences in where you are vs other border points in america that are experiencing a different story.