GLENN: Right. But isn't illegal immigration a crime in and of itself?Giuliani proposes a fence--both physical and technological--and a "tamperproof ID card" as solutions to "illegal immigration" in this interview.
GIULIANI: No.
GLENN: Aren't you saying --
GIULIANI: Glenn --
GLENN: You're protecting criminals by saying that being treated as a criminal is unfair.
GIULIANI: Glenn, it's not a crime. I know that's very hard for people to understand, but it's not a federal crime.
GLENN: It's a misdemeanor but if you've been nailed, it is a crime. If you've been nailed, ship back and come back, it is a crime.
GIULIANI: Glenn, being an illegal immigrant, the 400,000 were not prosecuted for crimes by the federal government, nor could they be. I was U.S. attorney in the southern district of New York. So believe me, I know this. In fact, when you throw an immigrant out of the country, it's not a criminal proceeding. It's a civil proceeding.
GLENN: Is it --
GIULIANI: One of the things that congress wanted to do a year ago is to make it a crime, which indicates that it isn't.
GLENN: Should it be?
GIULIANI: Should it be? No, it shouldn't be because the government wouldn't be able to prosecute it. We couldn't prosecute 12 million people.
Hot Air analyzes some of the points of immigration law.
UPDATE (9/9/07): An intrepid reader directs my attention to US Code Title 8, Section 1325, which details penalties for illegal entry into the US:
(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.
