8 USC 1325(a) is a statute that provides criminal penalties for any foreigner who enters the U.S. illegally by imprisonment for up to 6 months and/or a fine up to $5,000.
Fortunately, for immigrant applicants who entered the U.S. illegally, the U.S. government has rarely filed criminal charges against anyone for illegal entry, which has been a decades long government practice during both republican and democrat administrations, and will likely remain the prevailing government practice given the prohibitive costs of prosecution, incarceration and/or collecting fines.
Although 8 USC 1325(a) is rarely enforced, the lack of enforcement does not mean that illegal entry is not a crime even though it also carries non-criminal or civil penalties, and may result in deportation (aka: "removal").
What about children who enter the U.S. illegally?
Keep in mind that foreign children lack the mental and/or legal capacity to violate 8 USC 1325(a), thus, they DO NOT commit a crime, because they do not possess the requisite criminal intent to violate 8 USC 1325(a), but nonetheless may be deportable if they remain in the U.S. without legal status.
Hence, the government's general lack of enforcement of 8 USC 1325(a) does not mean illegal entry is only subject to civil penalties, it just means most foreigners who enter the U.S. illegally have not been and will likely not be prosecuted as criminals for illegal entry.
In summary, any foreigner who enters the U.S. illegally did commit a crime pursuant to 8 USC 1325(a), except for those who lack the mental and/or legal capacity to commit a crime, such as children.
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8 USC §1325. Improper entry by alien ["illegal entry"]
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien ['foreigner"] 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.
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For the full statutory text of 8 USC 1325 see: https://uscode.house.gov/view.xhtml?req=(title:8%20section:1325. Accessed: 01/29/25.
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