There is no semantic game going on here
Somewhere between half and a solid majority of undocumented immigrants came through ports of entry and have overstayed their visas. Again, this is not a crime
Or perhaps there is a semantic game, but it's coming from the other direction - from those who would demagogue immigrants in order to portray them all as scary, evil criminals
If you overstay your visa, it’s time to go, regardless of how scary you are.