It is a civil offense.
https://www.nwirp.org/illegal-vs-undocumented-a-nwirp-board-members-perspective/
presence in the U.S. without proper documents is a civil offense, not a criminal one
https://www.dharlawllp.com/is-being-an-undocumented-immigrant-a-crime/
Being present in the United States without legal documentation is in itself not a crime. Though some of the ways of entering the US may be considered federal crimes, the act of being here without legal documentation is not considered a federal crime. There is a vast percentage (45%) of undocumented people that do not enter this country illegally. They may enter legally but may overstay their visa, work without authorization, etc.
Being an undocumented person in the US is only punishable legally if someone has already left or been deported and has reentered without permission. They may be subject to imprisonment of up to 2 years.
Anti-immigrant rhetoric and the rise of Xenophobia in the United States have led some to believe that undocumented immigrants are considered “illegal aliens” under federal law. This is not accurate. The term does not appear anywhere in the federal immigration and nationality act. A conviction of a crime may subject an immigrant to removal from the United States, even if he or she is a lawful permanent resident. In contrast, immigrants who are undocumented but have not been convicted of any crime are not referred to as “criminal aliens” under the immigration laws.
Undocumented immigrants still have constitutional rights, including the right to counsel if accused of a crime. The constitution uses the term “person” or “people” living within its jurisdiction,, not the word “citizen”. Many undocumented people are unaware that they even have these legal rights. However, they still have the right to equal protection of the law and that of due process (fair treatment in the judicial system).
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