No, at least in the US, you can only back up your own ROM if you own the game, not download someone else’s backup. The real problem here is that Nintendo’s (idiotic) stance is ALL emulation/backups are piracy and here they are being hypocrites about it.
You do understand that even if there wasn’t this red tape and an unemployed person managed to get the proper papers, they still need money to go anywhere? By your logic every single country on the planet has a pretty glaring human rights violation.