Wednesday, April 29, 2009

Napolitano: Illegal Immigration Not a Crime?

DHS: Napolitano recently stated on CNN that Illegal Immigration is not a crime:

Napolitano: “. . . 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.”

The fact is, crossing the border without authorization is a crime. The statute reads: “Any alien who enters or attempts to enter the United States at any time or place other than as designated by immigration officers . . . shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both.”

11 comments:

Jay21 said...

She is so wrong on so many issues I cannot decide if it is sad or scary.
Jason

Thane Eichenauer said...

Nice quoting there. If you goto the actual US Code and read around a bit you will find more law which mentions a civil penalty from $50 to $250 dollars, not much of a crime there.

My bet is that since the US government can't really afford the trials and imprisonments it already has without borrowing money from other countries that there aren't many actual criminal prosecutions for violations of TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1325 > subsection 1 that you quote.

Don't get me wrong, I am still irritated when I shop at Food City and hear raging Spanish music in my neighborhood after dark but I don't get all in a tizzy 'cuz the Mexicans are breaking the law smuggling themselves into America and working darn hard under the table to make do.

It used to be that Americans used to be smugglers and broke British custom laws all to heck. But that was the olden days, not these newfangled days of Joe Arpaio.

Dustin said...

Jay: I'd say both sad & scary.

Thane: like you said, I was just quoting newsmax who I linked the story to. They didn't specify the exact subchapter but they did specify title 18. The law you found is in title 8. I'll ask the author for more specifics on the law quoted.

I don't have anything against legal immigration, but I am 100% against illegal immigration. Not because of the good people who just come here to find a better life, but because of the criminal thugs that sneak across the border with them.

pops1911 said...

Sounds like the crime is Napolitano .... again.

The Saj said...

Dear Janet,

If you choke on a chicken bone, I am having a party to celebrate.

Since just crossing the border of a parking lot can be construed as a crime. I know, it happened to me.

If crossing our borders illegally is not a crime. Than I want a pardon.

Bob G. said...

I just want someone to tell me WHERE (exactly) DID this administration FINDm this shrub, anyway?

Cripes, we have bloggers HERE that have more savvy about SECURITY (homeland or otherwise) than she ever will.
And are a damn sight ore patriotic to boot.

You want a good boss for that job?
Get someone with FIELD experience.

'Nuff asaid.

Dustin said...

Unfortunately they found her in Arizona. We were glad to get rid of her 2 years before term limits would have thrown her out, but Director of Homeland Security was the last place we wanted her to go. A better place for her would have been Chief of doggy poop cleanup on the White House lawn. Someone has to clean up after that ugly poodle the Obama family bought, so it might as well be Napolitano.

There, that comment ought to land me on several Homeland Security watch lists. LOL

Edupunk said...

In other words, Thane believes in: 1) ends justifies means, in this case the ends - severity of the harm or non harm - justifies disrespecting and violating our laws; and 2) kindergarten ethics of, well, "joey got away with it [in this case, hundreds of years ago, so juan should get away with it too."

Thane Eichenauer said...

Edupunk, I think you a valid angle on my position although I wouldn't phrase it as you did.
I value laws as a means by which to protect those ideals that are universal in nature. I don't want people robbing or killing me or my friends. I want laws to impose sanctions on robbers and killers.

As for disregarding illegal actions, I don't wish to encourage continued illegality but the only way to gain increased acceptance for the laws that society can effectively enforce is to increase the ability of society to nail the bad guys and not unduly hinder the good guys.

Right now immigration prohibition helps the bad guys and by and large hurts the good guys. I want to move the bar, some way, some how, so that government law enforcement CAN catch the bad guys nobody wants (convicted killers, convicted felons) and allow landscapers and tamale makers through.

If Chris Simcox and the Minuteman have a better solution than the status quo I am open to reviewing it but more (expensive) security and the same old, same old on the regulation and worker permit side just doesn't compute for me.

I personally think that the steamroller of anti-prohibition will roll over Joe Arpaio, Chris Simcox and Russell Pearce not that I don't respect their articulated ideas, but they are all basically status quo positions with no plans for how to increase the legal options until an undefined future date (if this sounds like Iraq/Afghanistan it is because it is).

The best way to increase security is to make it easier for farm workers and unskilled labor to get to the US. Leave the system the way it is and 100 farm workers will try to get here as well as 2 really bad guys that get here because the Border Patrol is busy arresting and deporting Jose the tomato picker.

As always, please read this book.

Eric said...

Hey , dont't bash the Obama's little critter. Maybe big ears will slip on one of Bo's offerings,wack his head,go into a coma and emerge from it with a hell of alot more common sense than he seems to posess now.

As for the Poodle, I've taken care of five of them ( four Standards and one Mini). Three of them went on to be assistance dogs for people with disabilities, specifically the hearing impaired. I've taken them all to the gun club on more than one occasion ( the noise from the skeet and trap range is great to see if loud noises spook them )and one of our members has a huge Standard that is an excellent gun dog.Just loves to retrieve.

As for "Napo", what can you expect from a ( this ones for Bob G) "Pelosian Democrat".

Dustin said...

Great point Eric. I've never interacted with one of those Poodles myself, but I'd speculate that most of them have much more common sense than Obama & Napolitano have combined. :)