Criminal? Isn’t it a criminal? College of immigration and human rights explain the shades of immigration law – the post bulletin

Rochester – Following the presence of US immigration and customs application in Rochester, from February 9 to February 15, some members of the community led to social networks to call immigrants who were detained “criminals”.

But is it a crime to live in the United States as an immigrant without documents?

Not always, according to Mackenzie Heinrichs, a university of Minnesota the right of immigration and the clinical way for human rights.

“Just being in the United States without documents or being in the United States, without a legal immigration status is not a crime,” Heinrichs told The Post Bulletin.

The violations of the law of immigration are civil offenses – not on crime.

People who are illegally present in the United States – who could include those who have entered without inspection or someone who has overestimated a temporary visa – can be put through removal procedures, which is a civil process through the immigration court.

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

The punishment for violation is deportation.

However, Heinrichs said, it’s a crime when people

Reinforce the United States after they have been deported

and when people

Inappropriately enter the country

By means, such as false documents or crossing the border into a location that is not designated by immigration officials.

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

Ever since the Trump administration has launched executive orders to collapse with immigration in the first weeks, Heinrichs said he has seen more people who claim that “all immigrants are criminals.”

“There is no evidence that immigrants commit crimes at rates higher than the US citizens,” she said.

According to TAC reports, starting with February 9, 2025, less than half of ice immigrant detainees have a criminal record.

“This idea that people who are here and are undeveloped are inherently criminals – whether they are only undocumented or because they are more likely to commit crimes – these proposals are false.”

Following the announcements of the Trump administration on immigration repression, people began to post about alleged observations of US immigration agents and customs application. Some local statements have been posted at

Note in Rochester Facebook Group.

The first confirmed

The application of the ice in Rochester took place in the parking lot of the NUPA restaurant.

The business posted that two of its employees were arrested by ice agents.

Restaurant posted most recently

That one of the men has his first hearing in the Immigration court for next week. The business did not immediately answer the questions about the hearing.

Heinrichs said for those who are concerned about the ICE action, it is important to know your rights.

“If the ice officers came to your house and asked to be left, but they only have an administrative mandate,” she said, “you have no legal obligation to leave them in your home, because it is not a judicial mandate.” .

Heinrichs added that if someone is stopped by ice agents, they still have the fifth amendment to stay silent.