We need to make one change, illegal entry the first time should be a criminal offense. Currently it is a civil offense. Subsequent illegal entry is a felony, but the first one is not even a misdemeanor.
Negative. Under 8 USC 1325 the first offense is punishable by up to 6 months imprisonment and / or up to a $250 fine.
A federal penalty of less then 1 year imprisonment is a federal misdemeanor.
The fact that typically only a dollar amount civil penalty is exacted is simply a practical measure since there are so many violations and few if any are actually prosecuted. Virtually all people apprehended waive the trial in favor of deportation. They typically try again the next day.
Some interpret this to mean the first offense is civil but this is not true. Offense 1 = Misdemeanor, Offense 2 = Felony. As of now.