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Don Lemon: "Being here illegally is not a crime, it's a misdemeanor." Ordinary Citizen: "Isn't a misdemeanor a crime?" Confusing. So I checked ... Illegal border crossing is a federal crime that can be either a misdemeanor or a felony depending on the frequency of the offense. First-time illegal entry is generally a misdemeanor, while subsequent or illegal re-entry after deportation is a felony. First-time illegal entry (8 U.S.C. § 1325): Misdemeanor, punishable by up to 6 months in jail, a fine
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