What's the straight up written law? Can you cite or link it? Here's some immigration attorneys' interpretation, but I'm sure your law degree and vast knowledge of what is or isn't a crime is much higher than theirs:
18 U.S.C. § 1325 addresses illegal entry by aliens into the United States, making it a crime for individuals to enter or attempt to enter the country at unauthorized times or places, or to evade inspection by immigration officials. Penalties can include fines and imprisonment for up to six months for first offenses.
Improper presence: If ICE arrests a person who has been in the U.S. for many years without committing any misdemeanors or felonies, but cannot provide evidence of legal status, they will likely face charges of civil violation of immigration law rather than criminal charges (It's still a crime and at the discretion of the prosecution or judge on how to charge it). The only time where charges cannot be escalated are when the person is caught while attempting to enter the U.S. otherwise the person would likely be charged with being “unlawfully present” in the United States. Other examples of unlawful presence leading to civil charges are overstaying a visa, violating the terms of a legal entry (e.g., working on a tourist visa), and remaining in the U.S. after being ordered to leave.
What about improper entry — to enter or attempt to enter the U.S. at a place other than a designated port of entry, elude examination or inspection by immigration officers, or attempt to enter or enter through false representations or concealment of facts. A first-time offense of improper entry is typically classified as a misdemeanor, punishable by a fine, imprisonment for up to 6 months, or both. If an individual has been previously convicted of improper entry, any subsequent offense is treated as a felony, subject to a fine or imprisonment for up to 2 years, or both.
A first-time illegal entry is a federal misdemeanor, punishable by a fine of up to $250 and a maximum jail sentence of six months. These cases are typically handled in magistrate courts, where proceedings move quickly. Some individuals receive only fines or time served, while others face incarceration, particularly if they attempted to evade law enforcement.
A conviction can result in prolonged stays in immigration detention while removal proceedings are pending. Federal prosecutors sometimes negotiate plea agreements that reduce penalties in exchange for voluntary departure. Enforcement strategies, such as Operation Streamline, have expanded criminal prosecutions for illegal entry in high-traffic border regions.
Repeat Offender Enhancements
When a noncitizen reenters the U.S. after a prior removal, penalties escalate. A first offense is a misdemeanor, but repeat violations are felonies, leading to harsher legal consequences. This distinction is particularly relevant in regions with high rates of recidivism, where individuals often attempt multiple crossings due to personal, economic, or humanitarian reasons.
Federal agencies such as Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) track prior removals and use biometric data to identify repeat offenders. When apprehended, these individuals are often flagged for felony prosecution, leading to longer sentences. Prosecutors may also consider prior criminal convictions when determining charges.
TL;DR? Your feelings aren't the law.