That is manifestly not the same thing as overstaying a visa. Moreover, not only does it not apply if you’re already found to be in the country illegally you have to be caught in the act of entering - it was amended in 1996 to apply a civil penalty by the same act that created expedited removal (yes, it is not supposed to be in lieu of any statutory criminal penalty that _may_ be applied) and lower court judges have found against the re-entry provisions in 1326 [1]

[1] https://newrepublic.com/article/163419/miranda-du-unconstitu...