They’re all felons, so yes, they are all law-breakers.
No, first-time illegals are guilty of a misdemeanor for their entry.
(WIKI entry)
The illegal entry of non-nationals into the United States is a misdemeanor according to the [[Immigration and Nationality Act of 1965|Immigration and Nationality Act]], which prohibits non-nationals from entering or attempting to enter the United States at any time or place which has not been designated by an immigration officer, and also prohibits non-nationals from eluding inspection by immigration officers.