The act of entry without inspection is a misdemeanor crime under 8 U.S.C. § 1325. Repeat offenses can be felonies. It is just a civil violation if they have once entered with permission but lost it, e.g. a visa overstay or violation, adjustment denial, status expiration or revocation. So the Biden era catch-and-release rules created millions of such cases.

You missed the bigger point to focus on the technical inaccuracy:

> Don't go implying that actions are somehow worse when someone who took the risk of moving to a new country does them as opposed to someone who won the birth lottery.