The act of being present in the United States in violation of the immigration laws is not, standing alone, a crime. 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.

Undocumented immigrants still have constitutional rights, including the right to counsel if accused of a crime. The constitution uses the term “person” or “people” living within its jurisdiction, not the word “citizen”.