Yes,
unlawfully entering the United States is considered a crime, specifically a federal misdemeanor offense under 8 U.S. Code § 1325, also known as "Improper Entry by Alien".
Here's why and the associated penalties:
- Federal Law: 8 U.S. Code § 1325 makes it a crime for an alien to enter or attempt to enter the U.S. at a time or place other than designated by immigration officials, to elude examination or inspection, or to obtain entry through false statements.
- Misdemeanor: For a first offense of improper entry, the individual can be fined or imprisoned for up to 6 months, or both.
- Felony: A subsequent offense of illegal entry can be considered a felony, and the individual can be fined or imprisoned for up to 2 years, or both.
- Illegal Re-entry: It's also a crime (a felony) to unlawfully reenter or attempt to reenter the U.S. after having been deported, ordered removed, or denied admission, with potentially higher penalties if the person was previously removed after being convicted of certain crimes.