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Being undocumented is not a crime
LETTER TO THE EDITOR
Jan. 20, 2026 8:31 am
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That catch you off guard? It doesn’t fit the rhetoric you’ve been fed, does it?
Because the truth is this: being undocumented in America is not a criminal offense. And the fact that so many people don’t know that tells me how little real understanding there is about the difference between civil law and criminal law.
There is a difference. A massive one. I’m not going to spoon feed it to you with slogans or talking points. I’m going to state the reality plainly, and if that makes you uncomfortable, that’s your signal to stop letting other people tell you what to think and actually look it up for yourself.
Criminal law exists to punish behavior that harms society.
Violence. Theft. Assault. Fraud.
Crimes come with arrests, charges, prison time, and criminal records.
Civil law exists to manage systems, rules, and processes.
Taxes. Permits. Contracts. Zoning. Licensing. Immigration status.
Civil violations do not make someone a criminal.
Speeding is illegal.
You didn’t become a criminal.
Overstaying paperwork is a civil violation.
You didn’t become a criminal.
Immigration law lives in civil law.
That’s why undocumented immigrants go through immigration court, not criminal court.
That’s why simply being undocumented does not result in a criminal conviction.
That’s why deportation exists as a civil remedy instead of prison as punishment.
Yes, illegal entry can be charged as a misdemeanor.
But here’s the part people love to ignore.
Illegal entry is a completed act, not an ongoing crime.
If someone crosses the border and is not caught, and later is found living in the United States, they are generally not charged criminally just for being here. They are placed into civil removal proceedings. That distinction is intentional. Written into law. Enforced that way for decades.
So when people scream “they’re here illegally,” what they are actually saying is “they violated a civil rule,” whether they understand that or not.
Now let’s talk about the hypocrisy.
The same people yelling “law and order” are perfectly comfortable ignoring the Constitution when it doesn’t suit them.
Because here’s another inconvenient fact: everyone on U.S. soil has constitutional rights.
Natural born citizens. Immigrants. Undocumented immigrants.
Due process.
Equal protection.
Protection from unreasonable searches and seizures.
The right to a hearing.
Those rights do not disappear because someone makes you uncomfortable.
That is something America is supposed to be proud of.
Yet somehow, the same crowd that claims to love the Constitution, worships the Second Amendment, and screams about tyranny is suddenly fine with federal officers operating with unchecked power, detaining people based on appearance, language, or skin color, just to hit quotas and boost numbers.
Funny how fast “constitutional rights” vanish when the person doesn’t look like you.
That isn’t law and order.
That’s selective morality.
History has a word for this pattern.
It always starts with dehumanizing language.
“They’re illegal.”
“They don’t belong.”
“They’re the problem.”
And it always ends with people saying, “I didn’t think it would go that far.”
We have seen this movie before. Every time.
What makes it even more vile is how often this behavior is wrapped in religion and patriotism to justify it. You don’t get to preach love while cheering cruelty. You don’t get to wave the flag while shredding the Constitution. You don’t get to claim moral authority while supporting collective punishment.
Less than one percent committing crimes does not justify targeting millions.
That is not justice.
That is not American.
That is fear looking for permission.
So let me wrap this up plainly.
Undocumented does not mean criminal.
Civil violations are not criminal offenses.
Constitutional rights do not disappear because someone fails your purity test.
And the people who are comfortable throwing all of that away aren’t standing for law and order at all. They’re standing for power without accountability.
History never remembers those people as heroes.
Research these facts, and spread the truth!
Mary K. Krier, Ollie
Opinion content represents the viewpoint of the author or The Gazette editorial board. You can join the conversation by submitting a letter to the editor or guest column or by suggesting a topic for an editorial to editorial@thegazette.com

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