Fair enough.
In my opinion, anyone who does something that would cause them to be incarcerated for reasons other than their own personal safety can be labeled a criminal.
Testimony Before the Permanent Subcommittee on Investigations
Committee on Governmental Affairs,U.S. Senate
INS' Processes for Denying Aliens Entry Into the United States Statement of Richard M. Stana
Director, Justice Issues Director, Justice Issues
INS’ Processes for Denying Aliens Entry Between Ports of Entry and Without Inspection
As previously mentioned, INS decided not to subject aliens who attempt to enter the country between ports of entry or without inspection or parole to the expedited removal process. Instead, once an alien is apprehended, generally by the Border Patrol, INS usually takes one of two courses of action.
Under the first course of action, an apprehended alien can request INS topermit him or her to voluntarily depart the country. This is commonly referred to as voluntary return to home country. By permitting the aliens to voluntarily return to their country, the aliens would not be subject to any penalty or fine. But if they wanted to return to the United States their subsequent visa applications may note that they had previously enter the country without permission. Voluntary departure can take place immediately after the alien’s background is checked or at a future date specified by INS. INS considers these requests on a case-by-case basis and would permit the alien to voluntarily depart if, for example, the alien had no criminal record or history of illegal attempts to enter the country.
INS has a reciprocal agreement with Mexico and Canada, that they will accept their citizens. The aliens from Mexico or Canada who are apprehended near their border would be returned immediately under a voluntary removal granted by the INS. If apprehended away from their border and INS granted voluntary removal, the aliens would then be flown to their home country. For aliens who are not from Mexico or Canada, they would be flown home if INS offered them voluntary removal. INS officials said that in such situations, the aliens would usually remain under INS’ control until they can be returned to their country.
Under the second course of action, INS can place aliens in a removal hearing before an immigration judge. This action results in a penalty that would limit the alien’s ability to reenter the country in the future. During removal hearings, aliens can apply for relief from their removal (e.g., apply for asylum). INS can detain aliens during the removal hearing process or release the aliens on bond or on their on recognizance. In deciding whether or not to detain the aliens, INS considers such factors as the likelihood that the aliens will appear for their removal hearing or whether aliens present a danger to the community.