To The Daily Sun,
Entering the U.S. without documentation is a crime — a misdemeanor. The penalty is imprisonment for a term of six months to 20 years, depending on the circumstances (for example repeat offenders). It is also subject to civil penalties (monetary) in addition to the imprisonment.
alllaw.com/articles/nolo/us-immigration/crime-enter-illegally.html
Other examples of misdemeanors are: DUI (first time offenders), reckless driving, indecent exposure, possession of certain controlled substances, simple assault and battery
That said, if someone who crosses the border illegally if referred to an immigration court vs. a criminal court, they are entitled to legal representation only if they pay for it. The government is not required to provide counsel for indigents in immigration court because the penalty imposed will be deportation (civil sanction) not imprisonment (criminal sanction) thus the Sixth Amendment does not apply.
Karyn Gattermann
New Hampton
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