Well seeing as how being an illegal immigrant is actually not a violation of criminal code, no he would not have a criminal record. This isn’t making an excuse for illegal immigration, it’s simply a technical fact.
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You are wrong. You’ve fallen for the myth created by the pro-criminal axis. The truth is it is a crime the civil penalties are in addition to the criminal charge.
Under Title 8 Section 1325 of the U.S. Code, “Improper Entry by Alien,” any citizen of any country other than the United States who:
* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
* Eludes examination or inspection by immigration officers; or
* Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;
has committed a federal crime.
Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.
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Since 1929, illegal entry into the United States has been a federal crime, a misdemeanor.
The penalty for a first offense is up to six months in jail or prison and/or a fine of $50 to $250. But the charge is rarely used, even when people are caught at the border, according to a Congressional Research Service report on May 3. Most are deported or allowed to leave the U.S. voluntarily to avoid overwhelming courts and detention centers, the report said.
http://www.rockymountainnews.com/news/2006/Jun/11/unlawful-entry-a-crime-since-29/
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It isn’t surprising that you don’t know this because the MSM spreads that lie as if it were the truth. But the real fact is they are criminals.
I apologize as it appears I stand corrected. But still, prosecution is next to impossible as you have to actually prove the case.