Heres the law: AI Overview No, illegally entering the United States for the first time is typically a misdemeanor, not a felony. However, if someone has been previously removed from the country and then illegally re-enters, this is considered a felony. Here's a more detailed breakdown: First Illegal Entry: Entering the U.S. illegally for the first time is generally prosecuted as a misdemeanor, punishable by a fine and/or up to six months in prison. Illegal Re-entry: If a person has been deported or removed from the U.S. and then illegally re-enters, this is a felony. The penalties for illegal re-entry are more severe, potentially including imprisonment for up to two years, and ca