Indeed, they are trespassers and they are illegal. One of the tools to deal with criminals, however, is the plea bargain.
In particular, the U.S. does not want to prosecute 8 million trespassers, intern them in holding camps, and film global news footage of 8 million criminals being deported in some 30 mile long chain gang line on their way back to the border en masse.
Instead, we want them to plead guilty, pay a fine, Register with our government, work for three full years non-stop, pay taxes (some refundable) during those 3 years, and then return on their own accord back to their home countries, at which time they will be eligible to follow the current *legal*, lawful immigration procedures for re-entry (and/or for the refund of whatever portion of their taxes are legally refundable to them). They also have to avoid committing any felonies why they are here.
If they abide by all of these rules, then they get their tax refunds plus an opportunity to re-enter the U.S. legally.
If they fail, then we get to deport those few failing individuals because they have *registered* with our government (something that they have not done to date), and they lose their tax refunds, and they lose the right to ever enter or work in the U.S. again.
