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The Criminalization of Immigrants: Fact vs. Fiction

This rhetoric, often used to justify harsh immigration policies, is not only legally incorrect but also fails to acknowledge the significant contributions undocumented individuals make to American society.

Libby Winkler
5 min readFeb 1, 2025
Photo by Mitchel Lensink on Unsplash

The Criminalization of Immigrants: Fact vs. Fiction

When discussing immigration in the U.S., a common but misleading claim is that undocumented immigrants are “criminals” simply because they lack legal status. This rhetoric, often used to justify harsh immigration policies, is not only legally incorrect but also fails to acknowledge the significant contributions undocumented individuals make to American society.

The Legal Reality: Immigration Status Is a Civil, Not Criminal, Issue

Under U.S. law, being in the country without documentation is a civil violation, not a criminal offense. Entering the U.S. without authorization is a misdemeanor, but simply overstaying a visa — how many undocumented immigrants arrive — is not a crime at all. It’s an administrative violation, much like missing a tax filing deadline. Yet, anti-immigrant rhetoric deliberately conflates…

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Libby Winkler
Libby Winkler

Written by Libby Winkler

Freelance writer who loves exploring the messiness of humanity, while poking around in nooks of life and shining light on all the things that make us complex..

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