Post wrongly asserts migrants who illegally enter US can't be arrested | Fact check
Chris MuellerThe claim: Migrants can't be arrested for illegally entering US
A Feb. 29 Facebook post (direct link, archive link) shows a young child fishing and giving a thumbs up while sitting near the edge of a body of water.
"If you live in a country where you can be arrested for fishing without a license, but not for entering that country illegally, it's safe to say that country is run by idiots," reads text on the image.
The post was liked more than 2,000 times in two weeks.
More from the Fact-Check Team: How we pick and research claims | Email newsletter | Facebook page
Our rating: False
Tens of thousands of migrants are arrested for unlawfully entering the U.S. every month, according to Customs and Border Protection statistics. And fishing violations generally lead to fines, not jail.
Border Patrol arrests thousands of migrants every month
Under 8 U.S. Code § 1325, it is illegal for any non-citizen to enter or attempt to enter the U.S. at an area not designated by immigration officers for entry. Those who do are subject to a fine or imprisonment and in some cases both.
Federal data shows tens of thousands of migrants are arrested each month for illegally entering the U.S.
For example, Border Patrol arrests at the southern border, where most migrant encounters take place, totaled 124,220 in January, the Associated Press reported. That's down by more than half from 249,735 in December 2023, the highest monthly tally on record.
Those figures include two types of encounters: apprehensions, when migrants are temporarily detained until a judge decides whether they can legally remain in the country, and expulsions, when migrants are immediately expelled.
Fact check: No, Biden didn't announce tax breaks for housing migrants; claim is stolen satire
Border Patrol agents had more than 2 million such encounters with migrants in fiscal year 2023, according to Customs and Border Protection.
A video on the Department of Homeland Security's website warns that "migrants who try to illegally enter the U.S. without authorization will be arrested and processed, which means they are screened and vetted against criminal and other databases."
The Supreme Court is currently blocking a law that would allow Texas law enforcement at the state and local levels to arrest, jail and prosecute migrants on state charges. The law would "create chaos" in the federal government's ability to enforce immigration law in the state, the Justice Department wrote in its appeal to the court.
The post also overstates the likely consequences for fishing violations. The penalty for fishing without a license varies by state, but a small fine is typical.
USA TODAY reached out to the social media user who shared the post for comment but did not immediately receive a response.
Our fact-check sources:
- Customs and Border Protection, accessed March 15, Southwest Land Border Encounters
- Customs and Border Protection, accessed March 15, CBP Enforcement Statistics
- Associated Press, Feb. 13, Illegal border crossings from Mexico plunge after a record-high December, with fewer from Venezuela
- Associated Press, Jan. 26, Illegal border crossings from Mexico reach highest on record in December before January lull
- Pew Research Center, Feb. 15, Migrant encounters at the U.S.-Mexico border hit a record high at the end of 2023
- Department of Homeland Security, April 25, 2023, The U.S. Immigration System: Explained
Thank you for supporting our journalism. You can subscribe to our print edition, ad-free app or e-newspaper here.
USA TODAY is a verified signatory of the International Fact-Checking Network, which requires a demonstrated commitment to nonpartisanship, fairness and transparency. Our fact-check work is supported in part by a grant from Meta.