Yes, entering the United States illegally is a crime under federal law.
Here’s how it breaks down:
1. First Illegal Entry (Misdemeanor)
Law: 8 U.S. Code § 1325
Crime: Improper entry (e.g., crossing the border between ports of entry, using false documents)
Penalty: Up to 6 months in jail, a fine, or both for a first offense.
2. Reentry After Deportation (Felony)
Law: 8 U.S. Code § 1326
Crime: Reentering the U.S. after being deported without authorization
Penalty: Can range from 2 years to 20 years in prison depending on prior criminal history.