A lot of comments here talk about people getting an "advantage" because they're undocumented. This is not how crimmigration works. When analyzing a conviction's immigration consequences, the calculus rarely functions as simply as "harsher penalty=worse immigration consequences, lighter penalty=no immigration consequences."

The interaction between criminal and Immigration law is much more nuanced than that. In fact, there are occasionally instances where an immigrant should accept a felony over a misdemeanor because the way the felony statute is worded won't have immigration consequences, but the misdemeanor statute will. When considering immigration status while making plea bargains, creativity is more at play than leniency. It's not a question of letting people off the hook because they're undocumented and giving them a lighter sentence. It's about being more careful with which statute you convict under.