Janet Napolitano falsely says "crossing the border is not a crime" (+border fence, Arpaio)

Department of Homeland Security secretary Janet Napolitano appeared on CNN's "State of the Union" with John King and said the following (transcript here):

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.

The U.S. Code says she's wrong (link, excerpt at [1]): sneaking across the border can result in up to six months in jail for the first offense and up to two years for subsequent offenses. It most definitely is a crime; see also this, [2], and [3].

In addition to not calling her on that, King asked about the recent report discussing rightwing extremism but without pushing her on how vague it was or how closely it tracks reports from the Southern Poverty Law Center.

Regarding the border fence:

And so we will complete the amount of fencing that the Congress has appropriated money for. We're only a few miles short right now. And all of the contracts have been let, the construction basically either has been begun or is just about to begin. It's just a couple of miles left.

Those following that saga will probably correctly point out how she's not telling the truth about that.

She also said the Obama administration is "actively considering" sending the National Guard to the border, and took a swipe at sheriff Joe Arpaio over his suggestion that the federal government enforces our immigration laws across the board.

[1] From the link above:

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, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both... 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... at least $50 and not more than $250 for each such entry (or attempted entry)... Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

[2] Do a find for "entry without inspection" at usdoj.gov/oig/special/0003/resenp2.htm

[3] From Napolitano's side, the National Immigration Law Center says (nilc.org/immlawpolicy/arrestdet/ad070.htm):

Entering the United States without inspection is a misdemeanor criminal offense, but the offense is completed once an individual has entered the country.

Mon, 04/20/2009 - 22:28 · · Importance: 9