At the end of WW2 lgbt people “liberated” from the concentration camps were immediately jailed for being LGBT, using evidence from the gestapo.
Aiding Jews, Romani, jehovahs witnesses, lgbt, communists, dissidents, etc also made you a criminal.
Also, I’m fairly sure immigration law doesn’t carry the death penalty, yet there are kids dying and being abused in the ICE concentration camps.
Here’s a simple counterpoint to ICE: what would the outcry be if Mexico starts imprisoning and separating American overstayers in Mexico? What would happen if Mexico then “lost track of” the children from those families? Would you still be arguing it was not criminal?