[NoMoreNicksLeft]

>When someone is allegedly an il_legal_ immigrant, they are present but allegedly violating immigration _laws_.

That's ok. They can be pardoned for that crime, I do not with to see them prosecuted or incarcerated. Sending them home is enough.

>That is to say, such a person has been accused of a crime.

Nope. Just accused of being a non-citizen, which if it turns out to be true, is de facto proof that they do not have the right to reside within the United States. Citizenship = right to live here. Not all rights are fundamental, voting and residence belong only to citizens.