During the 2016 presidential election, immigration ranked as one of the most discussed and debated issues.

Fast forward to 2017, President Donald Trump is now in office and immigration continues to be one of the more prevalent topics of discussion, not only at the federal level, but the state level as well.

During a recent Florida House of Representatives subcommittee meeting, representatives from the Florida Conference of Catholic Bishops argued that merely existing in the United States is not wrong.  They said, “Unlawful presence (in the United States) is not a crime.”

PolitiFact Florida heard the claim and gave it a MOSTLY TRUE rating on their Truth-O-Meter.

PolitiFact writer Allison Graves says legal experts confirm the statement made by the organization’s representatives.  As a general rule, unlawful presence is not a crime.  There is one caveat.

“It should be noted, however, sometimes when people are here unlawfully, it’s possible that they got here in an illegal way,’ Graves said.  “So, for instance, if you’d already been deported and then had reentered the country, then that would be a crime.”

It is for that reason the claim received a MOSTLY TRUE rating.

SOURCES:  Catholic bishops say presence not unlawful

  • Ingrid M. Delgado, remarks at a meeting of the Florida House Judiciary Subcommittee on Criminal Justice, March 15, 2017
  • Jennifer Sullivan, remarks at a meeting of the Florida House Judiciary Subcommittee on Criminal Justice, March 15, 2017
  • Florida H.B. 83 (2017) bill page
  • Committee substitute text for H.B. 83
  • Oyez, main page for Arizona vs. United States
  • Majority decision in Arizona vs. United States
  • Email interview with Mark Krikorian, executive director of the Center for Immigration Studies, March 15, 2017
  • Email interview with Ilya Shapiro, senior fellow in constitutional studies at the libertarian Cato Institute, March 15, 2017
  • Email interview with Gabriel (Jack) Chin, professor and director of clinical legal education at the University of California-Davis law school, March 15, 2017
  • Email interview with Kermit Roosevelt, law professor at the University of Pennsylvania, March 15, 2017
  • Email interview with Scott McCoy, senior policy counsel for the Southern Poverty Law Center, March 15, 2017
  • Email interview with Michele M. Taylor, associate director for communications for the Florida Conference of Catholic Bishops, March 15, 2017