> In the United States, misdemeanors are typically crimes with a maximum punishment of 12 months of incarceration, typically in a local jail as contrasted with felons, who are typically incarcerated in a prison. Jurisdictions such as Massachusetts are a notable exception where the maximum punishment of some misdemeanors is up to 2.5 years.[20] People who are convicted of misdemeanors are often punished with probation, community service, short jail term, or part-time incarceration such as a sentence that may be served on the weekends.

https://en.wikipedia.org/wiki/Misdemeanor#United_States

Public drunkenness can also be punished by 6 months imprisonment in California (not my state, but many HNers live there). Most cases of such are still "punished" by either a reprimand or being kept in a holding cell long enough to sober up.

Since the federal offense in question is not called a misdemeanor in the law and carries up to 2 years penalty I fail to see how it fits the definition you quoted. Also most cases are not punished by reprimand or short arrest either. I understand that left is pushing the idea that it's as serious as parking violation at most but it takes just few seconds to read the actual law and few minutes to research how is it enforced in practice to realize how inappropriate this comparison is.

The first offense carries only up to a six month sentence. I would agree that the second offense should be punished more harshly. In that case, it is less likely to be a legitimate asylum seeker for obvious reasons, and more likely to involve other illegal activity.

I meant most cases of public drunkenness are punished by a reprimand or short arrest, not most cases of unlawful entry. Previously, most unlawful entries were punished by deportation. Obviously unlawful entry is currently being punished by imprisonment for over a year awaiting hearing, followed by deportation and no plan to ever reunite you with your family.

This seems to be technically legal, but the law surely does not require it.

> I meant most cases of public drunkenness are punished by a reprimand or short arrest, not most cases of unlawful entry.

And that's my point. It makes no sense to equate an offense, which is usually punished by reprimand, with an offense which is routinely punished with months of arrest, deportation and a ban on entry.

I guess that's fair. The laws on the books provide similar maximum penalties, but enforcement is obviously wildly different. I'm prepared to retract that comparison, though I would still maintain that the current de-facto penalties are disproportionate to the gravity of a first offense.