Xavier, I am an attorney, a former prosecutor, so I will try to help you. Since you posted the entire statute, lets examine it:
The statute is a federal statute, passed by the US Congress. It has 4 sections. The heading is “Improper entry by alien.”
Section a is the part of the statute that defines the “enter” or “attempt to enter” (also "eluding"acts) which are criminal. It says that entering or attempting to enter is a crime. How do we know it is a “crime,” Xavier? …because it has a punishment of a fine and/or imprisonment of 6 months or if convicted a second time, 2 years, under (a) (3), and it references Title 18, the general Federal criminal statute.
You see Xavior, (a) begins with “any alien who…” (a) (1) ends with “or,”
(a)(2) ends with “or”
(a) (3) ends with the specific fine and imprisonment…
that relates to (a)(b) AND (c)…
So the fines and prison mentioned in (c) cover any acts committed in (a) (b) AND (c)…
There is a comma after the word “fact” in (a) (3).
Section b also allows a civil penalty to be imposed, in addition to the criminal fine and imprisonment. Section (b) (2) states," Civil penalties under this subsection are in addition to ,and not in lieu of, any
CRIMINAL or any other penalties that may be imposed."
(Of course Xavier,that means that the civil penalty is NOT the only punishment that can be imposed…it means BOTH. ok?)
Section c also defines another criminal act…marriage fraud. If one commits that act, it is punishable by prison and or a fine of $250,000.
Section d in another crime…immigration-related entrepreneurship fraud, again the punishment is fine and/or prison, as defined by Title 18, the geleral criminal statute.
If you can find another lawyer who disagrees with my analysis, let me know.
Here in fact is a case where a guy was prosecuted for violation of Title 8 US Code Section 1325 (a). Look specifically at footnote 2.
openjurist.org/335/f3d/421/united-states-v-perez-macias