April 22, 2009
Senator Jeff Sessions
April 21, 2009
U.S. Senator for Alabama
WASHINGTON-U.S. Sen. Jeff Sessions (R-AL) today demanded that Homeland Security Secretary Janet Napolitano issue a clear and unequivocal correction of her recent statement that illegally "crossing the border is not a crime per se. It is civil."
Commenting today on Napolitano's statement, Sessions, a former federal prosecutor and a senior member of the Senate Judiciary Committee, said:
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"It is breathtaking that a cabinet secretary, bestowed by the public with the responsibility to protect our nation's borders, could be ignorant of the undisputable fact that it is a violation of the criminal code to enter our country illegally. 8 U.S.C. 1325(a), which has been in effect for decades and codified in its current form since 1991, is unambiguous that doing so is a crime. This is one of the most baffling statements from a high government official I have ever heard.
"Not only is illegal entry clearly a crime, but Operation Streamline, a highly successful border prosecution operation, is now in effect in four areas along the U.S.-Mexico border, where individuals are now prosecuted and incarcerated for unlawful entry into the United States. Illegal entries are down in these areas, which only makes sense. Simply returning individuals across the border without prosecution indicates that this nation lacks seriousness of purpose when enforcing our laws. Border police have been pleased by the deterrent effect that occurs from simply prosecuting these crimes. "
Senator Sessions goes on to say:
"It would be a stunning reversal of this successful policy if the Homeland Security secretary were to buy into the canard of open-border advocates by stopping the expansion of-or ceasing altogether-this successful program.
"Sec. Napolitano must swiftly, clearly, and unambiguously correct her comments on this matter to set the record straight."
Note: For an in-depth discussion of U.S. immigration laws pertaining to security and enforcement, see: Jeff Sessions and Cynthia Hayden, The Growing Role for State & Local Law Enforcement in the Realm of Immigration Law, 16 STAN. L. & POL'Y REV. 323 (2005)
"Not only is illegal entry clearly a crime, but Operation Streamline, a highly successful border prosecution operation, is now in effect in four areas along the U.S.-Mexico border, where individuals are now prosecuted and incarcerated for unlawful entry into the United States. Illegal entries are down in these areas, which only makes sense. Simply returning individuals across the border without prosecution indicates that this nation lacks seriousness of purpose when enforcing our laws. Border police have been pleased by the deterrent effect that occurs from simply prosecuting these crimes. "
Senator Sessions goes on to say:
"It would be a stunning reversal of this successful policy if the Homeland Security secretary were to buy into the canard of open-border advocates by stopping the expansion of-or ceasing altogether-this successful program.
"Sec. Napolitano must swiftly, clearly, and unambiguously correct her comments on this matter to set the record straight."
Note: For an in-depth discussion of U.S. immigration laws pertaining to security and enforcement, see: Jeff Sessions and Cynthia Hayden, The Growing Role for State & Local Law Enforcement in the Realm of Immigration Law, 16 STAN. L. & POL'Y REV. 323 (2005)
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