[DakotaGator]

Monday, Christie said that while entering the country illegally is considered a federal misdemeanor, simply lacking legal immigration status is a civil violation.

A distinction without a difference.

Lacking legal immigration status is prima facie evidence of entering the country illegally. Therefore, an illegal alien is guilty of a federal misdemeanor and has also committed a civil violation.

[LachlanMinnesota]

Maybe a dumb question...if they enter legally under some sort of visa, but then overstay that visa, is it a crime to overstay the visa or only a civil violation?

As opposed to simply running across the border without any authorization.

[Ben Ficklin]

"prima facie evidence of entering the country illegally"

No. It is evidence of overstaying a visa. A civil violation.

Illegal entry is a misdemeanor.
Illegal re-entry is a felony

[CharlesWayneCT]

Actually, it is a difference.

If being IN the country was a criminal act, then each minute, the illegal would be committing another crime. Or substitute each hour, or each day — things that are illegal WHILE being done subject one to continual and possibly repeated arrests for multiple violations.

In a sense, it’s like the illegal committed a single illegal crime, and is now a fugitive. It’s not that each day they wake up and commit another “crime” of being here.