Every illegal alien in the United States is a criminal by default because they violated a law against coming into the country.
Posted by REAL AF with Andy Frisella, Checked
- Sources
- 4 contradict2 context
- Said
- 1 time·
- Confidence
- 80%
REAL AF with Andy FrisellaOct 28, 2026
The claim that every illegal alien is a criminal by default is contradicted by the sources: unlawful presence is a civil violation, not a crime, and only certain conduct such as improper entry under 8 U.S.C. § 1325 is criminal. Overstaying a visa, for example, carries civil penalties. The extraction matches the passage, so the claim is graded as stated.
What was said
… Sad, but it's the fucking reality, and the truth of the matter is, those people shouldn't have fucking been here anyway. That's why there's laws. That's why there are laws. Every single illegal alien in this country is a criminal by default because there was a law against them coming here that they violated. Doesn't matter, you know, dude. And I know plenty of people who've come here illegally and then got their citizenship. …
REAL AF with Andy Frisella · · from the transcriptPost →What we found
Contradicts. Snopes, rating the administration's 'all undocumented immigrants are criminals' claim, states that simply being in the U.S. without status cannot form the basis for being branded a criminal, because the Supreme Court held remaining in the U.S. is not a crime for a removable alien.[1]
Contradicts. The American Immigration Council states that physical presence in the U.S. without authorization is a civil violation rather than a criminal offense, and that the government cannot criminally prosecute mere presence.[5]
Contradicts. Congressional Research Service and the statute describe only specific conduct as criminal: improper entry under 8 U.S.C. § 1325(a) covers entering at an undesignated time or place, eluding inspection, or entering by willful misrepresentation. Other illegal presence, such as visa overstay, is civil under § 1325(b).[3][4]
Context. The sources say some illegal entrants are criminals because they committed improper entry, but the claim's 'every illegal alien' and 'by default' scope goes beyond that, since many unauthorized residents never committed a crime.[1][2][6]
Sources
6 sources: 2 fact-checkers, 2 primary, 2 not rated
- 1Unpacking Trump Admin's Claim That 'All' Undocumented Immigrants Are Criminalssnopes.com · fact-checker · cited for: contradicts, context
- 2Fact-checking Julian Castro on Bush's immigration policypolitifact.com · fact-checker · cited for: context
- 38 U.S.C. § 1325: Improper entry by alien - uscode.house.govuscode.house.gov · primary source · cited for: contradicts
- 4Immigration-Related Criminal Offensescongress.gov · primary source · cited for: contradicts
- 5Prosecuting People for Coming to the United Statesamericanimmigrationcouncil.org · not rated · cited for: contradicts
- 6Is it a crime to be in the country illegally? We answer your questionsdeseret.com · not rated · cited for: context
Where this claim was made
Said in 1 published post