Prof. Mackenzie Heinrichs ’18 Quoted in Rochester Post-Bulletin About Whether Individuals Without Lawful Immigration Status are “Criminals”

Prof. Mackenzie Heinrichs ’18, Immigration & Human Rights Clinical Fellow, was quoted in the Rochester Post-Bulletin about whether immigrants who are detained by the U.S. Immigration and Customs Enforcement are considered “criminals.” Prof. Heinrichs said, “Just being in the United States undocumented or being in the United States without a lawful immigration status is not a crime,” and that violations of immigration law are civil offenses — not criminal ones. Individuals who are unlawfully present in the United States — which could include those who entered without inspection or someone who has overstayed a temporary visa — may be put through removal proceedings, which is a civil process through immigration court. “There is a violation of federal immigration law,” Prof. Heinrichs said, “but it’s not a criminal violation of law.” But the penalty for the violation is deportation.