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I don't think ex post facto is a problem here. If the crime was only crossing the border illegally, then you couldn't change that one act to a felony. They have already committed it, it is a misdemeanor, and it can't be changed to a felony. However, residing in the country illegally is ongoing. So while living here illegally yesterday may not have been a felony, there is no reason why living here illegally tomorrow can not be one regardless of when someone came in.
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