Misdemeanors. Usually handled as civil matters.
No, illegal entry (8 U.S.C. § 1325) is always a criminal offense, not a civil matter.
Here’s what actually happens in practice and why low-information people like @domer76 get confused:
- First-time illegal entry is prosecuted as a misdemeanor in federal court.
- Since 2005, under Operation Streamline (used in most border sectors), virtually every adult caught crossing between the ports is criminally prosecuted for § 1325.
- They appear before a federal magistrate the next day or two, plead guilty en masse (sometimes 70 people at a time), and usually get time served (1–5 days) plus immediate removal.
- In FY 2024, Border Patrol referred over 740,000 people for § 1325 prosecutions. That’s criminal, not civil.
- Illegal presence / overstaying a visa (8 U.S.C. § 1182(a)(9)(B) or (C)) is civil, not criminal.
This is the part people mix up. Simply being in the U.S. without status is not a crime; it triggers civil deportation proceedings in immigration court (Form I-862, Notice to Appear). - Re-entry after deportation (8 U.S.C. § 1326) is a felony (up to 2 years normally, up to 20 years with aggravating factors). That’s also criminal, handled in federal district court.
- Crossing the border illegally → criminal misdemeanor (and almost always prosecuted).
- Already being here illegally → civil violation (handled by immigration judges, not criminal courts).
Do some research before you bloviate, @domer76.




