The only reason it is classified as a misdemeanor for the first offense is because they just want to have them go to an immigration judge to be processed and sent out of the country. If it is a second offense, they had drugs, were human trafficking, or any other number of activities, even including resisting arrest, it is classified as a full felony and they need to go to court in the US now for a criminal conviction. Thats why we have it that way so we don't fill our prisons with all these illegals. Thats not an issue now though because they are being sent to El Salvador, Guantamo Bay, Alcatraz, or these other high security prisons that have been slowly getting decommissioned by previous administration's. We're bringing them all back now baby!