Criminal? Not criminal? Immigration and Human Rights period explains nuances of the Immigration Act – Post Bulletin

Rochester – After the immigration and customs authority in Rochester from February 9 to February 15, some community members went to social media to call immigrants that were detained “criminals”.

But is it a crime to live in the United States as immigrants without papers?

Not always, according to Mackenzie Heinrich, an immigration of the University of Minnesota Law School and the clinical human rights man.

“To only be undocumented in the United States or in the United States without being lawful immigration status is not a crime,” Heinrich's Bulletin told the post.

Violations of immigration law are civil crimes – no criminals.

People who are illegally present in the United States – who could also include those who have occurred without inspection, or someone who has covered a temporary visa – can be set up by the introduction procedure, which is a civil procedure by immigration court.

“There is a violation of the federal immigration law,” said Heinrichs, “but it is not a criminal violation of the law.”

The punishment for the violation is deportation.

Heinrichs said, however, that it is a crime if people penetrate into the United States after deporting and when people do not enter the country through false documents, such as false documents or the border at a place not known by immigration officers.

The first violation is often an offense while the second time can be a crime.

Since the Trump government maintained the executive's order against immigration in the first few weeks, Heinrichs said that more people claimed that “all immigrants are criminals”.

“There is no evidence that immigrants commit crimes for higher rates than citizens born in the United States,” she said.

According to the TRAC reports, on February 9, 2025, fewer than half of the prisoners of the immigrants in the immigrant have a criminal register.

“This idea that people who are here and are without papers are naturally criminal – whether only through without papers or because they rather commit crime – these statements are wrong.”

After the announcements of the Trump administration to immigration offers, people began to take care of alleged views of agents with the US immigration and customs authority. Some local claims were posted in the Rochester Facebook group.

The first confirmed ice cream in Rochester occurred in the parking lot of the Nupa restaurant. The company found that two of his employees were arrested by ICE agents.

The restaurant has recently released that one of the men planned his first hearing before the immigration court for next week. The company did not immediately answer inquiries about the hearing.

Heinrichs said for those who are concerned about Ice Action, it is important to know their rights.

“If ICE official came to your home and asked to be admitted, but only have an administrative order,” she said, “you have no legal obligation to leave you in your house because it is not a judicial arrest warrant.”

Heinrichs added that if someone is stopped by ICE agent on the street, they still have their fifth right of change to remain silent.