Is it a crime to be in the U.S. without proper documentation?

Being in the United States without proper authorization is a civil offense, not a criminal one.

Cases aren’t handled by criminal courts –– they’re overseen by immigration judges. Judges don’t oversee the persecution or sentencing of a person, which are common practices in criminal courts. They decide whether or not a person is deportable.

There are ways being undocumented can turn into a criminal offense, however. It’s a crime to reenter the country without permission after being deported and to enter the country without inspection by an immigration officer.

The only way it’s not a crime to be in the country without inspection is if the individual is seeking asylum. This means they were persecuted or have a fear of being persecuted in their home country due their race, religion, nationality, social group or political opinion. The individual must file an asylum application within one year of entering the United States.