Shouldn’t a DHS Secretary know that illegal immigration is a crime?
The boss is all over an interview of Janet Napolitano on CNN this weekend, in which the Secretary of Homeland Security — the department that secures our borders — blithely asserts that illegal immigration is not a criminal offense. No, really:
KING: A lot of Democrats in Congress want to you investigate [Joe Arpaio]. They think he is over the line. He says he is just enforcing the law and the problem is the federal government.
NAPOLITANO: Well, you know, Sheriff Joe, he is being very political in that statement, because he knows that there aren’t enough law enforcement officers, courtrooms or jail cells in the world to do what he is saying.
What we have to do is target the real evil-doers in this business, the employers who consistently hire illegal labor, the human traffickers who are exploiting human misery.
And yes, when we find illegal workers, yes, appropriate action, some of which is criminal, most of that is civil, because crossing the border is not a crime per se. It is civil. But anyway, going after those as well.
That makes perfect sense, except for a troubling entry in the actual penal code, as Julie Kirchner points out:
8 USC Sec. 1325
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
Hint to the DHS Secretary: We don’t toss people in prison for losing civil lawsuits. The penal code makes illegal immigration a crime, one which Napolitano’s department is supposed to investigate and prosecute. One might think that a person put in charge of the Department of Homeland Security would have familiarized herself with this particular law after having been in the position for several months.
But of course, Napolitano knows that illegal immigration is a crime. She and the administration she serves don’t want to enforce that law; they want to pretend it doesn’t exist. The DHS seems a lot more concerned about the danger of American combat veterans returning home than they do illegal aliens crossing the borders, which speaks volumes about the political bent of the Obama administration.
- halestrmLv 61 decade agoFavorite Answer
She was an advocate of open borders when she was the gov of AZ and still is. She was very open about her dislike of anyone who didn't do exactly what she said when she said.
Unfortunately for the Nation as a whole, our gain (getting her out of AZ) hurts the country.
- 1 decade ago
Yes, she does know that. I am not disputing that illegal immigration is a crime. But, I think DHS has other things to pursue. AND, isn't INS suppose to handle illegal immigration? She is right - Sheriff Joe does make statements for political purposes, there aren't enough law enforcement officers, courtrooms and jails to handle the problem. If the illegals COULDN'T get jobs, that would address part of the problem. The businesses that hire them should be prosecuted. Human trafficers do need to be prosecuted. If a business consistently hires and employs hundreds of illegals, wouldn't it be easier to prosecute and close the business? If there were no jobs - the illegals wouldn't have as much incentive to come here. Kind of like with drugs - do you go after the pot smokers, or the guys supplying the drugs? The higher up the chain you go - the more impact you can make.
- PfoLv 71 decade ago
Napolitano's answer is wrong and not consistent with US law.
That being said, she's right when she points out that law enforcement and the criminal justice system are not equipped to deal with the problem. There is the fact that illegal immigration is a crime, there is also the fact that we lack the capability to enforce it.
- Ron TLv 41 decade ago
YES but Comrade Obama says they will be voters by 2012.
Poor ole Brain Dead Democrats following an Adolph Hitler wannabee, Barack Hussein Obama, like a male dog following a female dog in heat.
A person can’t truly love America and Obama too, for to truly love one is to truly hate the other.
May God protect the American People and the Free World from the Democrat Party and Barack Hussein Obama.
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- Anonymous1 decade ago
Yes she should but she doesn't seem to think it is important to prosecute and has now jumped on the bandwagon of villianizing Sheriff Joe for enforcing the law - too bad we cannot recall her for stupidity.
- liddieLv 43 years ago
it is often the line given via the pro-unlawful crowd.they might desire to persist with the "not undemanding working human beings searching for a extra advantageous life" line,that's only area of the pro-unlawful,professional-Amnesty script.so that they cope with the Illegals as though they have completed not something incorrect,supply lip service to thought of enforcement,and label everybody who needs our regulations enforced as some form of radical. How this female could be in her place,with perspectives like it is previous comprehension.yet i assume a minimum of that's not as undesirable as living house Speaker Nazi Pelosi,who suggested that implementing Immigration regulations is "Un-American" RWE
- Jim BayLv 51 decade ago
Yes you would think that would be part of the job description. But when the voters voted for Obama they sent a message saying they wanted people to be chosen for government jobs based on something other than experience and knowledge of the job.
- 1 decade ago
Maybe if Janet had an MS-13 gang banger butcher her family, she wouldn't be so open armed.
This woman is dangerous and needs to resign.
- hdhayes60Lv 71 decade ago
Looks like Janet can't understand why it's called "illegal" immigration.
- Anonymous1 decade ago
Actually, it isn't a crime. Look up the U.S. Criminal Code.