The correct more appropriate term is “Undocumented Immigrants.” “As a general rule, it is not a crime for a removable alien to remain present in the United States.” The Supreme Court ruled that it was not a crime to seek or engage in unauthorized employment. As Justice Kennedy explained, removal of an unauthorized migrant is a civil matter where even if the person is out of status, federal officials have wide discretion to determine whether deportation makes sense.
http://www.cnn.com/2012/07/05/opinion/garcia-illegal-immigrants/index.html