Because there are no other misdemeanors where the penalty is deportation. You are knowingly likening it to minor infractions by legal residents as an attempt to frame it in a palatable manner.
The only reason to point it out as a misdemeanor is to make it seem like it is not a problem.
"The U.S. government initiated deportation proceedings in May 2007 against Saul as he returned from a holiday in Mexico. Saul is a British citizen, born in London, and at the time his removal proceedings began, he had been living in the United States for almost a full decade as a legal permanent resident... As grounds for deportation, the government cited a misdemeanor—check fraud—that Saul had committed at the age of 19."
"Aggravated felonies sound serious, and many of them are (kidnapping, theft, and bribery make the list, among many others), but there are also many misdemeanors that could fall within this term’s scope due to the mismatch between federal and state law. Crimes of moral turpitude are equally tricky."
> The only reason to point it out as a misdemeanor is to make it seem like it is not a problem.
It's to put it in perspective when folks try to act like crossing the border is a crime against humanity.
The penalty for check fraud is not deportation, I'm sure you know that. The US is free to decide who gets to reside here and who doesn't. Obviously the case you linked is an outlier.
I don't understand why you're being so pedantic about this. You absolutely know that people use the 'misdemeanor' phrasing to make it seem like crossing the border is as innocuous as jaywalking. It's not. It has real effects and has been a major problem in the US for many decades.
> It's to put it in perspective when folks try to act like crossing the border is a crime against humanity.
Sure, crossing the border is not a crime against humanity, but neither is enforcing the law.
> I don't understand why you're being so pedantic about this. You absolutely know that people use the 'misdemeanor' phrasing to make it seem like crossing the border is as innocuous as jaywalking.
It's not pedantic, the distinction between a felony and a misdemeanor offense has very real consequences on how a case is processed. ICE ERO officers are dealing with a variety of cases, and the outcome of a specific enforcement action will depend on the severity of the offense.
One common situation is someone came to the country on a visa, and they remained in the country and continued working after the visa expired. This is not a felony, and the person is likely to be released while the legal process plays out. This person might obtain authorization to remain in the country and never be deported, for example by obtaining a different visa.
Another common situation is someone who overstayed their visa as above, but ERO officers also discover a large quantity of drugs and/or weapons in the vicinity. In this case, there is a strong reason to believe the person has committed a felony, and that person is very likely going to remain in custody while the legal process plays out. This person is also very likely to be deported, since a felony conviction would rule out pretty much all pathways to legal authorization to remain in the country.
“shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.”
> It has real effects and has been a major problem in the US for many decades.
ICE has jurisdiction over a large number of federal laws involving immigration as well as laws involving transporting illegal goods across national boundaries (narcotics, weapons, money laundering, child pornography, etc...). Some of these crimes certainly are felonies, whereas others are misdemeanors.
Why? It is a misdemeanor.
You've got no legal right to park in a handicapped spot, either, but that doesn't make it a felony.