Author: Remmy Ciambriello
When someone says the words “illegal alien,” it conveys a sense of fear and paints a picture of someone who is dangerous, or who wants to cause harm. Names hold power, and this term can be incredibly misleading, often fueling misconceptions. The idea of “illegal” immigration is often misconstrued. Many tend to think that being undocumented makes you a criminal, or that “illegal” immigrants don’t work or pay taxes, but there is so much more nuance to the issue. Most of these claims simply aren’t true for most situations, and instead allowing for misinformation to spread, creating paranoia, anger, and hatred.
So what does it mean to be an “illegal” immigrant? Well there are some people that will come into the country illegally, also known as “unlawful entry”, which is considered a misdemeanor or a felony depending on the situation. The punishments can range from fines to jail time, the severity depending on how many times reentry occurred. This is very different from unlawful presence, or being undocumented. This could happen in a multitude of ways, from people overstaying their visa, being a part of the Deferred Action for Childhood Arrivals (DACA) program, or even just having trouble renewing their visa. Unlawful presence is not a crime. It is instead regarded as a civil violation, holding the same legal weight as a speeding ticket or running a red light. While someone can be deported for being unlawfully present in the United States, they also have rights. The rights listed in the Constitution apply to everyone within the United States. That means that undocumented immigrants have the right to legal counsel, the right against unreasonable search and seizures, and the right to due process. These are ingrained Constitutional rights that are bestowed upon everyone in the United States regardless of immigration status.
Another common false claim is that undocumented immigrants don’t truly contribute to the workforce or pay taxes, when in fact the opposite is true. According to the American Immigration Council, “[undocumented immigrants pay] $33.9B in state and local taxes and $55.8B in federal taxes,” and “In 2023, approximately 4.9% of the U.S. workforce was undocumented.” Many of these “illegal aliens” are just people trying to work and be good citizens, doing the best to better their life and their family’s. They aren’t hardened criminals who are here to take over the country, but rather people who are trying to fulfill their American dream.
Unfortunately, due to the rampant xenophobia that is ever-present in this country, as well as blatant mistruths about what it means to be undocumented, the fear and hatred of “illegal” immigrants, and immigrants in general, is heightened, aligning with new federal government policy. We must be vigilant, prepared, and empathetic. In a world that struggles to differentiate between fact and bias, spreading truthful information is incredibly important, now more than ever.
Works Cited
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ACLU. Issue Brief: Criminalizing Undocumented Immigrants. ACLU, Feb. 2010. Accessed 8 Aug. 2025.
Appleby, Kevin. “The Importance of Immigrant Labor to the US Economy.” The Center for Migration Studies of New York (CMS), 2 Sept. 2024, cmsny.org/importance-of-immigrant-labor-to-us-economy/. Accessed 8 Aug. 2025.
Immigrants Rising. “Defining Undocumented.” Immigrants Rising, Aug. 2023, immigrantsrising.org/resource/defining-undocumented/. Accessed 8 Aug. 2025.
Mashnitski, Aleksandr. “Is Illegal Immigration a Crime? Improper Entry v. Unlawful Presence.” FindLaw, 9 July 2014, www.findlaw.com/legalblogs/criminal-defense/is-illegal-immigration-a-crime-improper-entry-v-unlawful-presence/. Accessed 8 Aug. 2025.
National Immigration Project. “Unauthorized Entry & Re-Entry Prosecutions.” NIPNLG, 3 Apr. 2023, nipnlg.org/unauthorized-entry-re-entry-prosecutions. Accessed 8 Aug. 2025.
“Tax Contributions – American Immigration Council.” American Immigration Council, 2025, www.americanimmigrationcouncil.org/topic/tax-contributions/. Accessed 8 Aug. 2025.
“What Is Unlawful Entry? Punishment for Illegally Crossing the Border into the U.S.” Scott D. Pollock & Associates, P.C., www.lawfirm1.com/unlawful-entry/. Accessed 8 Aug. 2025.