STATUS IS NOT A CONVICTION
Observed / verifiedBeing undocumented is not, by itself, a crime.
Mere unauthorized presence is generally a civil immigration matter. Federal law separately criminalizes specified conduct, including certain improper entries and reentry after removal.
Detention, removability, or immigration status does not itself establish a criminal charge or conviction.
Supreme Court, 2012 · 8 U.S.C. §§ 1325, 1326 · reviewed August 22, 2026