Correcting the Record: Confronting Lies about Immigration Officers

Without ICE, criminal illegal aliens would continue roaming the streets and terrorizing Americans.

Immigration and Customs Enforcement (ICE) officers are being unfairly demonized and targeted as politicians and activists stoke public outrage. False and misleading claims about immigration enforcement are repeated as fact, placing dedicated law-enforcement officers in harm’s way. We have to set the record straight—both for the safety of those who serve and the law-abiding citizens they protect.

MYTH #1: Being present in America illegally is a civil, not a criminal offense.

TRUTH: 8 U.S. Code § 1325 (a) is a federal criminal (not civil) code that establishes fines and/or jail time for crossing the border illegally. A person can be imprisoned for up to six months for a first-time offense or for up to two years for subsequent offenses. Under the criminal code, offenders can also be subject to civil penalties.

Entering the U.S. legally with a visa but then remaining in the country after it's expired is typically a civil penalty unless other violations are involved. Visa overstays are a small portion of the total illegal alien population. In fiscal year 2024, there was an estimated 427,000 overstays, a rate of less than 1 percent of all visas issued.

It’s flagrantly deceptive for politicians to parrot the narrative that illegal immigration is just a civil offense when tens of millions of criminals have invaded America’s borders.

MYTH #2: The federal government has no right to be in cities where they aren’t welcome.

TRUTH: The federal government wants to work with local and state law enforcement officers to enforce federal immigration laws. Unfortunately, sanctuary cities like Minneapolis refuse to cooperate with ICE. In conservative cities and counties across the nation, when an illegal alien is arrested for a crime, local law enforcement notifies ICE, and a detainer is issued for the criminal. Since unlawful presence is a federal offense, ICE handles enforcement and individuals are transferred to ICE custody upon release.