Is illegal immigration a violation of civil or criminal law?

The penalty for this type of violation of immigration law is deportation, and according to the ACLU, "civil removal proceedings far outnumber criminal prosecutions and remain the primary manner in which the federal authorities enforce the immigration laws. read more

The punishment under this federal law is no more than six months of incarceration and up to $250 in civil penalties for each illegal entry. These acts of improper entry -- including the mythic "border jumping" -- are criminal acts associated with illegally immigrating to the United States. read more

In the United States, illegal immigration is a violation of criminal and administrative law, but not civil law. People that enter the United States without being inspected by an immigration officer at a port of entry can be criminally charged with 8 U.S.C. § 1325 : US Code - Section 1325: Improper entry by alien. read more

"Illegal presence" as the offense is called, is not a violation of the U.S. criminal code. A person cannot be sent to prison for being here without authorization from immigration authorities. It is, however, a violation of civil immigration laws, for which the federal government can impose civil penalties, namely deportation. read more