White House Press Secretary Karoline Leavitt confirmed it is the official policy of the Trump administration that all undocumented immigrants are considered criminals. This is a change from the Biden administration, which referred to those immigrants as undocumented noncitizens.
“If you are an individual, a foreign national, who illegally enters the United States of America, you are by definition a criminal,” Leavitt said.
According to the Justice Department, improper entry into the U.S. is a criminal offense with civil penalties, including a fine. Subsequent offenses carry stricter penalties like a five-year bar on returning to the US and possible prison time.
“They are criminals as far as this administration goes,” Leavitt said. “I know the last administration didn’t see it that way. So it’s a big culture shift in our nation to view someone who breaks our immigration law as a criminal, but that’s exactly what they are.”
The criminality of undocumented immigrants has been debated for years. The ACLU contends it is not a crime to be undocumented.
“The act of being present in the United States in violation of the immigration laws is not, standing alone, a crime,” an ACLU brief stated. “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.”
A reporter raised the issue during the White House press briefing regarding ICE arrests over the weekend. ICE made 1,179 arrests on Sunday, and NBC News reported that 566 individuals appeared to have no prior criminal record.
The reporter asked Leavitt if the administration is still prioritizing arrests of those with criminal records.
“The president has said that, of course, the illegal criminal drug dealers, the rapists, the murderers, the individuals who have committed heinous acts in the interior of our country and who have terrorized law-abiding American citizens, absolutely those should be the priority of ICE,” Leavitt said. “But that doesn’t mean that the other illegal criminals who entered our nation’s borders are off the table.”
ICE announced it has arrested more than 4,500 individuals since the Trump administration began.