Here is the answer to the query

Posted on: February 21, 2017 at 11:16:00 CT

Silas is right on the money once again.

Is the fact of being present in the United States in violation of the immigration laws a
crime?
No. The act of being present in the United States in violation of the immigration laws is not,
standing alone, a crime. While federal immigration law does criminalize some actions that
may be related to undocumented presence in the United States, undocumented presence
alone is not a violation of federal criminal law. Thus, many believe that the term “illegal
alien,” which may suggest a criminal violation, is inaccurate or misleading.
Entering the United States without being inspected and admitted, i.e., illegal entry, is a
misdemeanor or can be a felony, depending on the circumstances. 8 U.S.C. § 1325. But many
undocumented immigrants do not enter the United States illegally. They enter legally but
overstay, work without authorization, drop out of school or violate the conditions of their visas
in some other way. Current estimates are that approximately 45% of undocumented
immigrants did not enter illegally. See Pew Hispanic Center, Modes of Entry for the

https://www.aclu.org/files/assets/FINAL_criminalizing_undocumented_immigrants_issue_brief_PUBLIC_VERSION.pdf

You might not like the ACLU, but they don't get the law wrong.