But it is; no matter how hard your wish it not to be.
Criminal Penalties for Improper Entry
For the first improper entry offense, the person can be fined (as a criminal or civil penalty), or imprisoned for up to six months, or both. This is considered a misdemeanor under federal law (
18 U.S.C.A. § 3559).
For a subsequent offense, or a reentry (or attempted reentry) after exclusion or deportation, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, 1326, I.N.A. Section 275,
276.) This is considered a low-level felony under federal law (
18 U.S.C.A. § 3559).
§3559. Sentencing classification of offenses
(a) Classification.—An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—
(1) life imprisonment, or if the maximum penalty is death, as a Class A felony;
(2) twenty-five years or more, as a Class B felony;
(3) less than twenty-five years but ten or more years, as a Class C felony;
(4) less than ten years but five or more years, as a Class D felony;
(5) less than five years but more than one year, as a Class E felony;
(6) one year or less but more than six months, as a Class A misdemeanor;
(7) six months or less but more than thirty days, as a Class B misdemeanor;
(8) thirty days or less but more than five days, as a Class C misdemeanor; or
(9) five days or less, or if no imprisonment is authorized, as an infraction.