No.
Being in the United States without proper authorization is a civil offense, not a criminal one.
Cases aren’t handled by criminal courts – they’re overseen by immigration judges. These judges don’t oversee the prosecution or sentencing of a person, as in criminal courts. They decide whether or not a person is deportable.
There are ways of entering the country that can turn into criminal offenses, however. It’s a crime to reenter the country without permission after being deported and to enter the country without inspection by an immigration officer.
However, an individual who crosses the border without inspection still has the legal right to seek asylum in the United States. This means they were persecuted or have a fear of being persecuted in their home country due their race, religion, nationality, social group or political opinion. The individual must file an asylum application within one year of entering the United States.
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Sources
- U.S. House of Representatives Office of the Law Revision Council 8 U.S. Code 1229a — Removal proceedings
- U.S. House of Representatives Office of the Law Revision 8 U.S. Code 1325 — Improper entry by an alien
- U.S. House of Representatives Office of the Law Revision 8 U.S. Code 1326 — Reentry of removed aliens
- U.S. House of Representatives Office of the Law Revision 8 U.S. Code 1158 — Asylum
- U.S. General Services Administration How to seek asylum in the U.S.
- U.S. Citizenship and Immigration Services Immigration and Nationality Act
