U.S. Code as of: 01/03/05
Section 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.
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the
purpose of evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, or fined not more than
$250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise
for the purpose of evading any provision of the immigration laws
shall be imprisoned for not more than 5 years, fined in accordance
with title 18, or both.
Napolitano: Illegal Immigration NOT a Crime?
On Sunday, April 19, 2009, Secretary Napolitano went on CNN’s “State of the Union” and 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—the law Napolitano is sworn to uphold—says quite the opposite. Section 8, Title 1325 of the U.S. code clearly states that those who enter the U.S. illegally are committing a crime.
This ‘interpretation’ of the law by Secretary Napolitano seems to be the latest in an effort by the Obama Administration to scale back interior immigration enforcement efforts in the United States. As recently as March 28th, Napolitano made the decision to delay a series of immigration raids and other workplace actions aimed at finding illegal workers. At the same time, both President Obama and Secretary Napolitano have announced new initiatives intending to send the message that they take the issues at the southern border seriously. But the Administration cannot fight cartels while ignoring illegal immigration—people smuggling is part of the problem, not a separate issue. Legalization will only make matters worse. Granting the people here illegally asylum will only encourage more illegal border crossing. Likewise, failing to enforce workplace and immigration laws will only encourage more to ignore the law.
The fight has to go beyond the border. Just adding inspections on people heading south is not going to work. Homeland Security will inconvenience everyone but the smugglers who don’t care if some of their loads get caught and will seek alternative routes. On the U.S. side, there has to be a robust integrated response of federal, state, and local law enforcement at the regional level (meshing with is going on in California, Arizona, Texas, and New Mexico) that targets the cartel and transnational gang networks. At the local level, the U.S. needs more community policing that targets criminal elements in the border community. That means more support and assistance for border county sheriff departments.
Secretary Napolitano’s job is to follow and enforce the law—not to use her authority to undermine it.
Author: Jena McNeill
1 comment:
Ok Who is Worse.. THe One who appopinted the Napolitano Disaster ... or the Disaster Herself???They and BOREGORE all belong behind BARS..and I don't mean for Drinks!!!
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