Napolitano: Illegal Immigration NOT a Crime?, page 1

Napolitano: Illegal Immigration NOT a Crime?

www.freerepublic.com

On Sunday, April 19, 2009, Secretary Napolitano on CNN’s “State of the Union” proclaimed that crossing the border illegally is not a crime.

This statement left a lot of folks scratching their heads given that U.S. law says quite the opposite.

U.S. Code, Section 8, Title 1325 states that those who enter the U.S. illegally are committing a crime.

This seems to be the latest effort by the Obama Administration to scale back immigration enforcement fforts in the United States.

(visit the link for the full news article)


blog.heritage.org

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[edit on 20-4-2009 by jdub297]

Well, if it's not a crime, why stop them?

Oh, I forgot we DON'T stop illegal aliens anymore. We don't raid employers anymore. We don't detain or deport illegal aliens anymore!

Should we apologize? Provide transportation?

But, if you're a gun owner, or an angry veteran, or support States' Rights and heterosexual marriage, YOU ARE A TERRORIST!

Deny ignorance!

jw

www.freerepublic.com
(visit the link for the full news article)

reply to post by eNumbra

---

So if I get this right, law enforcement is free to detain and harass American citizens if they are veterans, own guns, support States' Rights, marriage, or oppose abortion; but, they will be breaking with policy to detain an illegal alien, or coyotes transporting them in bulk?

BHO supporters, "Look what you've done to my Country!"

Deny ignorance.

jw

Her actual quote:

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.

CNN Transcripts

She may have been referring to the difference in criminal vs tort law; but even then, criminal activity is a public wrong, to which illegal immigration definitely falls under.

[edit on 4/20/09 by aava]

here is what she said

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.

www.realclearpolitics.com...

Here is the law

§ 1325. Improper entry by alien

(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.


(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

www.law.cornell.edu...

Any lawyers in the house?

reply to post by aava

---

Thanks for the 'heads-up.' s4u

Looks bad? She has already stopped several planned raids on employers. She has put deportation proceedings and detentions on "hold."

She and Holder want to focus on gun dealers and "assault-style" weapons.

Where is our focus? On us!

We are in deep trouble.

jw

found this.

Entering the United States illegally is a federal crime, as well as assisting those attempting to enter the United States, however, by once in the country, illegal immigrants simply residing within the country are only in violation of civil laws.

However, fewer than four percent of all illegal immigrants are actually detained and prosecuted for illegally entering the United States due to the costs prohibitive nature of doing so. Frequently, those caught illegally trying to enter the United States will be repatriated back to the country from which they tried to enter the United States.

www.lawfirms.com...

Could this be the reason she says it is more civil than criminal?

reply to post by jam321

---

Not a lawyer, but I was a cop for fifteen years and attended ten weeks of the Border Patrol Academy.

You'll notice, in the first section of your source info, the penalties include the possibility of "imprisonment". That identfies this as a criminal offense, as civil offenses are punishable by a fine only.

Here is an example of an escalated criminal offense.

8 U.S.C. § 1326—Reentry After Deportation
...The basic statutory maximum penalty for reentry after deportation is a fine under title 18, imprisonment for not more than 2 years, or both. However, with regard to an alien whose "removal" was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), the statutory maximum term of imprisonment is 10 years. Moreover, if deportation was subsequent to conviction for an aggravated felony, the statutory maximum term of imprisonment is 20 years...

Of course, this is just the law, which our politicians believe they can alter on a whim.

reply to post by WTFover

---

Appreciate the info.

Would I be correct in saying that if they were charged with entering the US illegally that they would then be entitled to an attorney and the rights afforded to a regular US citizen?

reply to post by jam321

---

Actually, this would be similar to what most know as a "plea bargain". In order to avoid the criminal penalties, illegal aliens are allowed and encouraged to "voluntarily" return to their country and avoid a deportation hearing. This is most often used in arrests made in close proximity to the border, where the majority of arrests are made.

reply to post by jam321

---

Whoa! Now you are stretching the limits of my memory and knowledge.

Yes, they would be entitled to and appointed an attorney. I believe certain rights are afforded them, such as writs of habeas corpus. However, I do not believe they would have all of the rights of a citizen, because they are not. I may be way off base here. I will have to do some studying, now that you've challenged me! Thanks!

Originally posted by jam321

Here is the law

§ 1325. Improper entry by alien

(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.


(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

www.law.cornell.edu...

Any lawyers in the house?

My first job out of Law School was as a prosecutor in a large Hispanic-majority city in a Border State. Worked my way up to the "Special Crimes" and "Public Integrity" sections.

That's why her statements took me aback. I understand Obama's nature, but expected a little more integrity in the Cabinet. Remember his promises? (Not that I believed him for one second - I read his books.)

So far, the A.G. feels that the 2nd amendment is "in the way" of his agenda, the Sec. of State apologizes that the U.S. causes corruption in the Mexican government and military, the Secretary of Treasury believes fascist government control of private corporations is appropriate, the Energy Sec. wants Americans to pay EU prices for gasoline and electricity, the CIC kowtows to dictators in Venezuela, Iran, and N. Korea, and pirates off the Somali coast.

So, I guess I shouldn't have been surprised that DHS is focusing on Amercians who disagree with Liberal policies and refuses to enforce immigration laws.

(Does this constitute malfeasance? Arguably not. There's no evidence yet she's profitted from her conduct (except politically in her Party). Misfeasance? Yes. Impeachable? Probably so, given a different majority in Congress. Probably not, as things stand.)

Look what they've done to my Country!

Deny ignorance.

jw

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