The second you cross into the US illegally, you are a felon.

Question

You are a felon the moment you cross the border without permission. I know you know that, so why play games.

The second you cross into the US illegally, you are a felon. Plain and simple. Don't try to lessen what it is.

Answer 1

Under 8 U.S. Code § 1325, improper entry into the United States is classified as a misdemeanor for first-time offenses, punishable by a fine under title 18 or imprisonment not more than 6 months, or both. Not quite the felony the claim suggests.

Only repeat offenses or illegal reentry after deportation can potentially carry felony charges under different sections of immigration law (such as 8 U.S.C. § 1326). 

The American Immigration Council also distinguishes between "illegal entry" (misdemeanor) and "illegal reentry" (felony). 

Answer 2

The claim that "the second you cross into the US illegally you are a felon" is false. According to 8 U.S Code 1325, entering the U.S. without permission is a misdemeanor, not a felony, for first time offenders. people caught crossing the border illegally for the first time can face up to six months of jail or a fine but that does not make them felons. law.cornell.edu 

It only becomes a felony under 8 U.S Code 1326 if someone was already deported or removed and then reenter the country without permission. In those cases, prison time can be much higher, raging from 2 to 20 years in prison depending on the person criminal history. codes.findlaw.com 

Legal experts and organizations like the American Immigration Council  also explains that first item level entry is a misdemeanor not a felony. americanimmigrationcouncil.org
 

Answer 3

The claim that "the second you cross into the US illegally, you are a felon" is false. To understand why your claim is false, you must first understand the two different classifications for criminal offenses. 

According to Britannica, "misdemeanors are often defined as offenses punishable only by fines or by short terms of imprisonment in local jails" (The Editors of Encyclopedia Britannica Article History). In short, misdemeanors are less severe crimes, and the punishments are less severe. 

A felony according to Britannica is, "typically defined as a crime punishable by a term of imprisonment of one year or more" (The Editors of Encyclopedia Britannica Article History). Or, a more severe crime, including prison time, and even a loss of civil rights. However, this varies from state to state.

In Section 1325 of the U.S. Immigration and Nationality Act , "upon first entry into the United States, it is considered not a felony, but a misdemeanor. However, upon re-entry into the United States illegally, you are then tried as a felon. 

So, your original claim that “the second you cross into the U.S. illegally, you are a felon” is untrue. 

The second you cross into the US illegally, you are a felon

Answer 4

The claim “You are a felon the moment you cross the border without permission. I know you know that, so why play games. The second you cross into the US illegally, you are a felon. Plain and simple. Don't try to lessen what it is.” is false. According to Cornell Law (lawcornell), a highly trusted and respected institution within the legal community, any alien who enters or attempts to enter the United States at any time or place other than as designated by immigration officers, for the first commission of any such offense be fined under title 18 or imprisoned for no more than 6 months. This charge does NOT equate to a felony. However, according to the Department of Justice (justice.gov), under subsection 1326(a), once deported, if the alien attempts to re-enter the United States, that is when the charge begins to enter felony territory.

“1912. 8 U.S.C. 1326 -- Reentry after Deportation (Removal).” Www.justice.gov, 19 Feb. 2015, www.justice.gov/archives/jm/criminal-resource-manual-1912-8-usc-1326-reentry-after-deportation-removal.

Cornell Law School. “8 U.S. Code § 1325 - Improper Entry by Alien.” LII / Legal Information Institute, 2019, www.law.cornell.edu/uscode/text/8/1325.

Answer 5

This claim is false. Crossing the border illegally does not make you a felon initially. The Federal Government, as seen in 18 U.S. Code § 3559, classifies crimes as felonies, misdemeanors, or infractions based on length of imprisonment, with infractions going from no imprisonment to 5 days, misdemeanors going from over 5 days to 1 year, and felonies going from over 1 year to life imprisonment or death. According to 8 U.S. Code § 1325, the punishment for the first infraction of improper entry results in a fine and/or imprisonment for no more than 6 months, making improper entry into the United States a misdemeanor. A subsequent commission of such an offense, i.e. crossing into the U.S. again, is punished by a fine and/or imprisonment of no more than 2 years, possibly making the second time a felony. Therefore, someone is not a felon the second they cross into the U.S. illegally.

Office of Law Revision Counsel-  https://uscode.house.gov/view.xhtml?req=(title:8%20section:1325

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