Janet Napolitano and the law – immigration

As governor of Arizona, Janet Napolitano was notoriously lax on immigration.  This included vetoing a LOT of bills designed to stem the flow of illegal immigrants.  When she was picked as Director for the Department of Homeland Security, a lot of people questioned Obama’s intentions regarding enforcing our borders.  Now, we have a definitive answer:

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.

Per about a dozen different websitesTitle 8, Section 1325 of the US Penal Code states very clearly:

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.

What, in that statement, allows for “per se”?  There are civil charges that can be filed, but this is a federal law which makes it a felony.

And, as is par with the Obama administration, they are attacking the private business sector for something that is clearly not a private sector issue.  If Napolitano is not going to enforce the law and allow immigrants to be here legally “per se”, then why should it be a crime for a business to hire some who is here “legally”?

And, if border agents are basically completely neutered in stopping anyone from crossing the border, what does that mean for national security?  How does this affect the drug wars going on right now?  By her interpretation of the law which she has obviously not bothered to read, drug dealers can come and go as they please.  They will only be an issue when they are convicted of a crime within the US since no one will be allowed to question them on their way across the border. 

I kinda like the old system better, keep the criminals out.  Period.  But, that’s obviously not what Obama wants.

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