Replies

So this is what I see, and as usual, it's not exactly straightforward:

(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) 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, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

(b) Improper time or place; civil penalties

Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—

(1) at least $50 and not more than $250 for each such entry (or attempted entry); or

(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.

Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

Let me explain it.

1) any offense that does not carry a possibility of imprisonment for 1 year or more is a misdemeanor.

2) any offense that carries such a possibility - more than a year - is a federal felony.

Note the hierarchy in the law.

The fact that civil penalties apply is merely additional to the criminal penalties. You can be fined AND imprisoned.

Still thinks its jaywalking?

Classification of federal crimes by sentence is under 18 USC 3559.

You will note that a first conviction of 1325 is a class B misdemeanor and the second is a Class E felony.