Considering the word "illegal" is in it, I would gander a guess that it's because of that word that Republicans think it should be a crime, or correctly stated, that Republicans state it's a crime. But don't take my word for it:
ilegal - Contrary to or forbidden by law, esp. criminal law
ilegal - forbidden by law or statute
ilegal - is used to describe something that is prohibited or not authorized by law or, more generally, by rules specific to a particular situation
ilegal - not according to or authorized by law : unlawful, illicit;