Former Congressman and GOP candidate for Governor Tom Campbell sent this over for FR readers…
Illegal Immigration:
Does Secretary Napolitano Understand the Law?
by Tom Campbell
As a professor of law, as well as a former US Congressman, I was distressed to see the following statement recently made by Homeland Security Secretary Janet Napolitano. "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."
However, TItle 8, section 1325, of the United States Code makes it a crime to enter our country eluding examination or inspection by immigration officers.
(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.
Not only is Secretary Napolitano wrong on the law; the fact that she made this basic error calls into question how seriously she considers the problem of those who break America’s laws to enter our country illegally.
April 24th, 2009 at 12:00 am
I still like Mike Spence’s idea to make it illegal to impersonate an illegal alien for purposes of obtaining welfare benefits!
April 26th, 2009 at 12:00 am
Throughout much of American history, the naturalization of new citizens was handled at the state and/or local level(s). Consequently, there is very little basis for the commonly held assumption that enforcement of immigration laws is a strictly Federal prerogative. California is well within its legitimate powers to enact a statute barring entry into California by such persons who are otherwise not legally entitled to be present within the United States. Such a statute could be enforced by ordinary municipal police, and other state peace officers.
Additionally, California shares, along with the United States, an international border with Mexico. We have just as much legitimate authority to patrol & police that border as does the Federal government. Since the Federal government has made it abundantly clear, over the course of several decades, that it does not take its own immigration laws seriously, our government in Sacramento should step into that enforcement vacuum.