Improper entry can become a felony, but the first attempt may be a misdemeanor:
For the first improper entry offense, the person can be fined (as a criminal penalty), or imprisoned for up to six months, or both.
For a subsequent offense, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, I.N.A. Section 275.) In addition, this section of immigration law authorizes a civil fine that can be imposed on top of the criminal penalty.
If we accept the premise that our rights in the Constitution are based on natural law, then it follows that all people in the US have these rights, subject to following the laws of the land. Thus, an alien has rights, BUT they also ought to be subject to the consequences of their law breaking, including the penalties above and even deportation. Just come legally. and be welcomed. This national security threat of millions of unvetted aliens is going to cause us to pay a stiff penalty of not following our own laws....That's why I am glad my security rests in Jesus Christ, not the US Government and certainly not the government of NYS. SB