Here’s the reality: when someone knowingly commits a crime—whether it’s a misdemeanor or a felony—and they get convicted, that’s on them. Actions have consequences. That’s how justice is supposed to work.
But being undocumented in the United States is not a crime.
Let’s say that again: it’s not a criminal act.
Despite all the noise in politics and media, living in this country without papers is a civil violation, not a criminal offense. It’s more like booking a hotel room and forgetting to check out at noon. You’re not going to get arrested for that—but yeah, they’ll come knock on the door and ask you to leave.
Take someone who overstays a work visa. That’s not a felony. That’s not something you go to jail for. It’s more like freelancing without a business license. It breaks the rules, sure—but it doesn’t make you a criminal.
Undocumented, Not Unprotected
What most people don’t know—or don’t want to admit—is that undocumented immigrants have rights under the U.S. Constitution. Yes, even without legal status.
- They have the right to due process
- They can plead the Fifth
- They don’t have to consent to illegal searches or seizures
- If detained, they have the right to speak with a lawyer and to appear before an immigration judge before being removed from the country
It’s like staying in that hotel room past checkout—you may be asked to leave, but you still get to talk to someone first.
It’s a breach of terms—not a criminal act.
And that distinction matters—because rights don’t just belong to citizens.
Unalienable Means Unalienable
America promises unalienable rights—life, liberty, and due process under the law.
Sure, citizens get more benefits and protections.
But even non-citizens are protected under the Constitution while they are on American soil.
If someone hasn’t committed a crime, you can’t just strip them of their rights because they didn’t have the right visa stamp. That’s not justice. That’s mob rule.
And once we start drawing lines around who deserves rights and who doesn’t, it’s only a matter of time before that line lands on you.
The System Isn’t New. It’s Just Louder.
Here’s what people forget:
Presidents like Bush, Obama, and Biden have all deported more people than Trump.
The difference? They did it quietly.
They tiptoed, smiled, and lied while it was happening.
Trump? He just waves a cowboy hat, slaps his own ass, and yells “Let’s go!”
One performs. The other just says what the system has always done.
And while social media floods with rumors about ICE raids in schools or hospitals, I haven’t seen that personally.
Just the other day, I was watching a Bigfoot vlog about camping.
But that doesn’t mean it’s not happening somewhere.
And even if it’s not happening in front of you—that doesn’t make it right.
This Is About All of Us
This isn’t just about immigration.
It’s about the core principle that rights are rights.
If we start deciding that some people don’t deserve protection, we’re already lost.
I won’t stand for anyone’s rights being violated. I don’t care if they’re a citizen, an immigrant, a stranger, or someone I can’t stand.
There are ways to bring change to this country.
But violating someone’s rights isn’t a shortcut I’ll ever take.
Not even for people I despise.
Even for pedophiles—who, honestly, I think are only good for fertilizing plants—I still believe due process has to happen.
Because when we start saying “that person doesn’t deserve rights”, we give others permission to say the same about us.
We All Have a Line We Won’t Cross—This Should Be One of Them
Whether it’s a family torn apart in immigration court or a parent erased in family court, a human rights violation is a violation against all of us. It chips away at the foundation of liberty, dignity, and justice.
And we should be asking:
Why aren’t we seeing this for what it is?
Why are we more upset about celebrity drama and billionaire bromances than we are about children losing parents through bureaucratic violence?
Rights aren’t just for the documented, the privileged, or the popular.
They’re for human beings.
And if someone’s rights are being violated anywhere on this soil, that should concern every single one of us.
-Written by Steve Caprio
