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The act of being in the country without a valid visa is not a crime, it is a civil infraction. Entering the country illegally (i.e. sneaking through the border) can be a crime, but around 50% of undocumented immigrants entered the country legally (e.g. entering on a student visa and not leaving when it expired). And very often, unless border patrol catches you on your way in, you aren't going to be prosecuted for illegal entry.

And the difference between a misdemeanor and a civil infraction is not a matter of splitting hairs. Here's some differences:

1. In a criminal case, you need to be found guilty beyond a reasonable doubt. In a civil case, the standard is simply a preponderance of the evidence, meaning more likely than not. If there is a 51% you are here illegally and a 49% chance you aren't, you get deported.

2. In a criminal case if you can't afford a lawyer one may be appointed to you. In a civil case you have to either pay for a lawyer yourself or represent yourself. This has serious consequences for people. If a child ends up in immigration court and their families can't afford to hire an attorney, they have to represent themselves. Even if they are 4 years old: https://gothamist.com/news/4-year-old-migrant-girl-other-kid...

3. You might assume that immigration judges are just like any other judge and are part of the judicial branch, a so-called "Article III Court" (referring to Article III of the Constitution). But immigration judges are not Article III courts. They report to the head of the Department of Justice, who has hiring and firing powers over them. Meaning the prosecutor arguing for your deportation and the judge deciding your case both report to the US Attorney General