Don Lemon Clash Over Immigration: Is Illegal Entry a Crime?

(UNITED STATES) Don Lemon’s on-air clash with a legal immigrant from Mexico on October 10, 2025, put a long-running argument back in the spotlight: is illegal border crossing a crime? During a livestream debate in Chicago, Lemon repeatedly said “it’s not a crime,” calling it a “misdemeanor,” while the woman countered that entering the United States without permission is breaking the law and should be treated as such.

The exchange unfolded amid heightened enforcement following President Trump’s deployment of the National Guard and increased ICE activity in the city. Lemon framed his case around fairness and process, stressing concerns about how federal agents treat migrants and pressing the idea that not every violation is the same.

He argued that calling illegal entry a felony misleads the public, and at one point said, “You are breaking the law, but it’s not a criminal act,” which drew sharp pushback over the word choice and the legal meaning of misdemeanor.

The immigrant, who identified herself as a lawful resident from Mexico, pushed back on semantics. If it’s not a crime, she asked, why do people get charged at all? She said she supports immigration but only when people “do it the right way,” pointing out that Mexico also enforces its immigration rules and carries out mass deportations.

“We waited and followed the rules,” she said, noting that many legal immigrants feel frustrated when others skip the line.

Legal framework and terminology

The law is clear on this point. Unauthorized entry into the United States is a federal misdemeanor for a first offense and can rise to a felony for repeat offenses. That is spelled out in 8 U.S.C. § 1325 (“Improper entry by alien”), which Congress placed in federal law to address entry between ports of entry and other forms of improper entry.

You can read the statute on the official U.S. Code website maintained by the House of Representatives: 8 U.S.C. § 1325 (Improper entry by alien).

Legal scholars often explain it this way: a misdemeanor is a type of crime. While the offense is less serious than a felony, it still sits inside the criminal code. That is why people can be charged, appear before a judge, and face penalties.

According to analysis by VisaVerge.com, public debate gets tangled because some speakers use “crime” to mean only felonies, even though the law divides crimes into categories, including misdemeanors. Lemon’s broader point focused on due process and humane treatment, not on whether a statute exists. He said migrants deserve fair hearings, legal counsel where possible, and protection from abuse while in custody.

He argued that the United States 🇺🇸 has a stronger rights-based system than many countries and warned against policies that might lead to rough treatment at the border or in detention.

Community reactions and due process concerns

The Chicago exchange captured a split that runs through immigrant communities:

• Many legal immigrants—especially those who waited years, paid fees, and completed interviews—say illegal border crossing undercuts public support for legal pathways.
• They often ask why they had to follow every rule while others are released with notices to appear in court.
• Advocates argue that people fleeing danger need safe ways to request asylum, and that processing backlogs and limited visas leave few options.

The woman debating Don Lemon pointed to Mexico’s own practice of quick removals at its southern border. Enforcement styles vary by country, but her point was simple: every country sets and enforces its own rules. In her view, calling illegal entry “not a crime” feels like ignoring what the statute says.

Her comments echoed a common theme: a belief that clear rules, applied fairly, help both migrants and the communities receiving them.

“We waited and followed the rules.” — comment summarizing the frustration of many legal immigrants

Plain summary for people confused by the language

• Misdemeanor vs. felony: Both are crimes. A felony is more serious; a misdemeanor is less serious, but still criminal.
• First-time illegal entry: Usually charged as a misdemeanor under Title 8 of the U.S. Code.
• Repeat entries or other factors: Can lead to a felony charge.
• Due process: Migrants are entitled to fair procedures under U.S. law.

Local pressures and enforcement variation

The policy context adds pressure. Chicago has seen growing arrivals that strain shelters and local budgets. After President Trump’s National Guard deployment and more ICE actions in the area, many residents are watching closely to see how cases move through the courts.

City leaders and service groups say they are trying to balance local needs with federal rules and human concerns. In that climate, the words used on-air matter.

When a national figure like Don Lemon says illegal border crossing is a misdemeanor, he is correct about the classification. When he says “it’s not a crime,” he contradicts the ordinary legal meaning of misdemeanor. Legal commentators note this is a common slip in media talk, but the legal immigrant’s response matched the statute: first-time improper entry is a crime, just not a felony.

It’s also true that daily enforcement doesn’t look the same everywhere:

• Some cases end with prosecution and jail time.
• Others result in quick returns or alternatives to detention, especially for families or people seeking asylum.
• Those differences reflect agency policies, available resources, and humanitarian screening—not a change in the legal label.

Practical advice and policy debate

For families weighing their options, practical advice is steady:

1. Do not try to enter between ports of entry.
2. If you have a claim to asylum, present yourself at an official port and ask to start the process there.
3. If you are seeking work, study, or family reunion, use the lawful visa channels.

Crossing the line can carry immediate and long-term consequences, including bars to reentry.

VisaVerge.com reports that the ongoing debate in Washington focuses less on the statute itself and more on how to carry out enforcement. Lawmakers, courts, and agencies keep reviewing:

• How people are processed
• What alternatives to detention look like
• How to manage border numbers without cutting off legal protections

Those choices will shape what migrants face on the ground, even if the core legal rule in 8 U.S.C. § 1325 remains.

Lemon’s emphasis on due process reflects a wider concern among civil rights groups: ensuring that quick proceedings don’t erase a person’s chance to make a case, especially for those who fear harm back home. The legal immigrant’s appeal for order reflects a different lived experience: years of paperwork, fees, and waiting, followed by the shock of seeing others try a faster route. Both perspectives speak to real stakes for real people.

Key takeaway

As the Chicago moment shows, words like “misdemeanor,” “felony,” and “crime” aren’t just labels. They shape public understanding, local policy, and how newcomers are treated. Clear language helps the public judge policies on honest terms.

On the law itself, the record is firm: crossing the border without authorization is a federal misdemeanor—and therefore a crime—under U.S. law.