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In this political climate, there is an endless stream of misleading and false information being spread throughout the media about undocumented immigrants living in the United States. Anti-immigrant politicians are often heard referring to this group as criminals. As an example, during a recent press conference, the White House Press Secretary referred to all undocumented immigrants as criminals. This brings up a critical question – are undocumented immigrants criminals?
Undocumented Immigrants Are Not Considered Criminals
Millions of people from all over the world have legally entered the US and overstayed their visas, but this type of act does not make them criminals. Instead, they are considered undocumented, which is a civil violation under US law and not a criminal one. To be considered a criminal, an undocumented immigrant must first have committed a criminal act unrelated to their immigration status.
Consequences for Being an Undocumented Immigrant
If someone is caught making an improper entry into the US, they will have committed a misdemeanor. The primary consequence for immigration violations is to face different types of bars or deportation. Still, entering the US illegally can carry punishments ranging from fines to up to six months in prison, depending on the circumstances. An illegal entry can also lead to up to 2 years in prison and even 10 years in worst-case scenarios.
When Being Undocumented Could Be Considered a Crime
Given the above, there are times when entering the US as an undocumented immigrant would be considered a criminal violation. These include the following circumstances:
- Using fraudulent documents or willfully misrepresenting oneself to enter the US
- Being caught attempting to reenter the US after being removed or deported
- Committing an offense that is considered criminal according to US laws
Living in the US as an undocumented immigrant can make it considerably more difficult to adjust your status in the future. You will also be ineligible for certain benefits that are available to immigrants who hold legal status. Even though remaining in the country without documentation is not typically considered a criminal violation, remember that civil violations can still bring their own serious consequences.
If you’re an undocumented immigrant living in the U.S., or if you’re uncertain about next steps, or if you have questions regarding another immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
