April 27, 2009
FAIRUS.org
A series of recent missteps by Secretary Janet Napolitano have caused several Members of Congress and true immigration reformers to question if she is up to the task of running the Department of Homeland Security (DHS). In the past few weeks, Napolitano: (1) approved the release of a DHS report labeling some veterans and other Americans who are concerned about immigration, oppose amnesty, or who support securing the border as possible "rightwing extremists"; (2) erroneously claimed crossing the border illegally was not a crime; (3) wrongly asserted that the 9/11 terrorists "entered our country... across the Canadian border"; and (4) said that she intends to work with governors to repeal the REAL ID Act of 2005.
The release of the DHS report, entitled "Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment," "prompted angry reactions from lawmakers" and other groups. (FOX News, April 17, 2009). The assessment claimed that "[r]ightwing extremism...may include groups and individuals that are dedicated to a single issue, such as... immigration." The report also listed "returning veterans" as possible recruitment sources for rightwing extremists, prompting an angry response from many Americans and veterans groups, such as the American Legion. Following the release of the report to the public, Napolitano admitted that she had been briefed on the assessment and had decided to issue it anyway. (DHS Report, April 7, 2009; The Washington Times, April 16, 2009). FAIR President Dan Stein commented on the release of the report on CNN's Lou Dobbs Tonight: "When House Speaker Pelosi said immigration enforcement was 'un-American,' and then you see a document like this published by the Department of Homeland Security, you see what is fusing into a modern day version of the un-American Activities Committee." (See YouTube Video, April 17, 2009; For more on Pelosi's comments, see FAIR's Legislative Update, March 24, 2009).
During an April 19, 2009 appearance on CNN's State of the Union, Napolitano was asked to respond to Maricopa County, Arizona Sheriff Joe Arpaio's statement that he hopes the federal government will prosecute all aliens who cross the border illegally. Napolitano, who is the United States' top immigration enforcement official, called Arpaio's statement "very political," and went on to erroneously summarize America's immigration laws by saying that "crossing the border is not a crime, per se. It is civil." (Transcript, April 19, 2009). One of the first to comment on Napolitano's error was FAIR's own Executive Director Julie Kirchner, who noted online that "crossing the border illegally is a crime - a misdemeanor for the first offense and a felony for the second and subsequent offenses." (The Stein Report, April 19, 2009). Since then, several media personalities and elected officials have weighed in, including Senator Jeff Sessions (R-AL) who said: "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." (Sessions Press Release, April 21, 2009).
The day after Napolitano's misstatement on CNN, the DHS Secretary seemingly reinforced the misconception that the 9/11 hijackers entered the United States through Canada. During an interview with CBC's Neil Macdonald, Napolitano was asked why there was a "need for [the] same level of security on the Canadian border as on the Mexican border, given two drastically different realities?" During her response, Napolitano stated that "to the extent that terrorists have come into our country or suspected or known terrorists have entered our country across a border, it's been across the Canadian border." Macdonald then specifically asked Napolitano if she was "talking about the 9/11 perpetrators," to which Napolitano responded, "Not just those but others as well." (CBC News, April 20, 2009). The statement prompted outrage from several Canadian officials. The next day, Napolitano backtracked on her remarks, claiming that she "know[s] that the September 11th hijackers did not come through Canada to the United States." (CTV.ca News, April 22, 2009).
Finally, last Tuesday, Napolitano told an Anti-Defamation League conference that she is working with governors "to look at a way to repeal REAL ID." The REAL ID Act, which became law in 2005, seeks to prevent illegal aliens from obtaining driver's licenses and identification cards by requiring all states to enforce specific identification requirements in order to obtain these documents. Congressman James Sensenbrenner (R-WI), who sponsored REAL ID, said he was "angered" by Napolitano's comments: "REAL ID is a necessary program for keeping America safe. It is the will of Congress and also a recommendation of the 9/11 Commission." Sensenbrenner added, "When the Democrats took over the majority in the 110th Congress, they said they wanted to implement all of the 9/11 Commission recommendations. I am highly disappointed that they are going back on their word." (CNN, April 22, 2009).
This series of missteps has caused several elected officials on Capitol Hill to question whether Napolitano, who has been on the job at DHS for less than 100 days, is up to the task of running the Department. On April 16, 2009, seven Republican Senators sent Secretary Napolitano a letter which questioned the basis for the conclusions of the DHS extremism report. In the House of Representatives, Rep. John Carter (R-TX) said, "Janet Napolitano should resign or be fired." Another legislator, Rep. Michelle Bachmann (R-MN), called on Napolitano to come before Congress to answer questions and then asked: "Has this homeland security secretary gone absolutely stark raving mad?" (Associated Press, April 24, 2009).
