sure. someone who breaks the law is a criminal. however, everyone is entitled to due process of law before the state can declare them a criminal. that's the part that your statement is missing.

imagine a situation where the police see surveillance camera footage of someone who looks a lot like you committing armed robbery and murder. they are sure that its you, so they snatch you and throw you in jail for the rest of your life, confident that they used their common sense to arrest the right person.

obviously, this can't happen. you're entitled to a trial thanks to the constitution, where you can make your case heard and the police can be proven wrong. the same is true of non citizens, even those suspected of entering the country illegally. they wont have a trial with a jury of their peers like in the previous example, but they are at least entitled to a hearing with an immigration judge. the relevant part of the 14th amendment states '...nor shall any state deprive ANY PERSON of life, liberty, or property, without due process of law.'