This article was in the Rocky Mountain News on June 11, 2006 and is written by Burt Hubbard. I have no comments. I just thought it bears reading again.

Since 1929, illegal entry into the United States has been a federal crime, a misdemeanor.
The penalty for a first offense is up to six months in jail or prison and/or a fine of $50 to $250. But the charge is rarely used, even when people are caught at the border, according to a Congressional Research Service report on May 3. Most are deported or allowed to leave the U.S. voluntarily to avoid overwhelming courts and detention centers, the report said.
Applying the misdemeanor offense in the interior of the U.S. is even rarer, the report said. The most common charge against those caught without authorization in the U.S. is "unlawful presence," a civil offense. The penalty is removal, and an immigrant can be detained in the meantime.
The report said illegal entry is difficult to prosecute in the interior because it must be proved, not just inferred, that the person entered illegally. Overstaying a visa is also a civil offense, which can be grounds for removal or denial of entry back into the U.S.
The most serious charge is illegal re-entry — returning to the U.S. after being deported. The penalty is as much as 20 years in prison for someone who also has a serious criminal conviction.

- Burt Hubbard