CNN’s Abby Phillip: “Coming into the country illegally is a civil offense. It’s not a criminal offense.”

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Grok factcheck:

– Illegal (or improper) entry — Entering the U.S. without inspection or authorization (e.g., crossing the border outside a designated port of entry) is a federal misdemeanor under 8 U.S.C. § 1325. First-time offenders face fines and/or up to 6 months imprisonment; repeat offenses up to 2 years. This is why the phrase “illegal entry is a civil offense” is imprecise—it’s actually criminal (though often processed civilly for efficiency).

– Unlawful presence — Being in the U.S. after lawful admission expires (e.g., overstaying a visa) or remaining after entry without admission/parole accrues unlawful presence under INA § 212(a)(9)(B). This triggers:
• 3-year bar if >180 days but <1 year. • 10-year bar if ≥1 year. • Potential permanent bar in some cases. These are civil inadmissibility grounds enforced through removal proceedings, not criminal prosecution.

- Reentry after removal — Returning after deportation is a separate felony under 8 U.S.C. § 1326, with penalties up to 2–20 years depending on prior convictions.