Rudy Giuliani: Illegal Immigration Isn’t A Crime

I guess he doesn’t really want to be president after all.

WASHINGTON – Republican presidential hopeful Rudy Giuliani said illegal immigration is not a crime, prompting rival Mitt Romney to accuse him of not taking the problem seriously.
The two have clashed for weeks over illegal immigration, an issue that inflames GOP conservatives who influence primary elections. The irony is that both candidates have in the past taken more liberal stands on the issue.
“It’s not a crime,” Giuliani said Friday. “I know that’s very hard for people to understand, but it’s not a federal crime.”
Giuliani’s comments came in an interview with CNN Headline News and radio talk-show host Glenn Beck.
“I was U.S. attorney in the Southern district of New York,” he said. “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.”

Giuliani is undoubtedly making some obscure legal point here, but for the average citizen there is one overarching trough about our immigration laws: Crossing the border into this country without going through the proper customs channels is against them. Why Giuliani would argue against that, especially given that most of his base is guaranteed to disagree with him, is beyond me. What a stupid, stupid thing to say.
But the really odd thing is that Giuliani isn’t just being a pedant, he’s actually saying that illegal immigration shouldn’t be a crime.

Illegal immigration shouldn’t be a crime, either, Giuliani said: “No, it shouldn’t be because the government wouldn’t be able to prosecute it. We couldn’t prosecute 12 million people. We have only 2 million people in jail right now for all the crimes that are committed in the country, 2.5 million.”

Of course, we don’t put illegal immigrants in jail in this country. We deport them. And we absolutely can prosecute 12 million people. The only way Giuliani’s absurd point might be relevant is if we tried to prosecute all 12 million at once. As it is, we should prosecute them (or otherwise provide for due process in the legal system) as they’re taken into custody. And then deport them shortly after that.
Giuliani is using a variation of the “we can’t deport 12 million people” argument, and they’re both bogus because as I just explained they’re predicated on the idea that we’d try to deal with all 12 million illegals in this country at once. We wouldn’t. We’d deal with them over the course of years and years as they’re taken into custody.
Regardless, there is no way I’m voting for Rudy Giuliani in this election. I had my doubts about him before, but this seals the deal. If he becomes President I may support his policies on a case-by-case basis (which I’d do with any President anyway), but he clearly doesn’t take the immigration issue seriously.

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  • http://sayanythingblog.com/readers/author/Anna/ Anna

    If it isn’t a crime why is it illegal?

  • http://proof-proofpositive.blogspot.com/ proof_positive

    “It’s not a crime,” Giuliani said Friday. “I know that’s very hard for people to understand, but it’s not a federal crime.”

    Ah, Rudy! We hardly knew ye!
    Very, very disappointing!

  • http://ewebsmith.com/ ews48

    People in New York accept that Giuliani is a little weird and will do or say unusual things once in a while.

    “Giuliani. You know. Forget about it.” A shake of the head. Palms turned up and eyebrows raised. A shrug of the shoulders.

  • http://proof-proofpositive.blogspot.com/ proof_positive

    Then as reality dawned on him that Rudy had officially screwed the pooch

    Indeed! For the other candidates, truly the gift that keeps on giving!

  • Bill Mitchell

    Wow, just wow.

    I can see Mitt Romney now as he eats breakfast. His campaign chairman comes to him with the news that Rudy has just declated illegal immigration to be LEGAL.

    At first Mitt thinks he heard wrong. He says, “What did Rudy say???”

    Then as reality dawned on him that Rudy had officially screwed the pooch, Mitt must have been dancin round the breakfast table.

    Lord.

  • John

    It’s a tautology, kind of like saying it’s not illegal to be in jail:

    Title 8 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.

  • Neiman

    I am safe saying anything here as Rob never reads my posts; but, in this case I agree that to say illegal immigrants are not criminals might be an act of political suicide, considering that a big reason Bush’ poll numbers have suffered so much is his inability to defend the border and that the public generally believes someone breaking the law to get in this country are by definition criminals.

    I also think it is a big mistake to start out any immigration plan by conceding that we can do nothing about the millions already here. Sure mass deportation and criminal cases are not in the cards, but really close the borders and then over time as illegal immigrants are caught, one by one drive their butts to the border and kick them out, and since they cannot get back in, we can then whittle down their numbers considerably over time.

  • http://proof-proofpositive.blogspot.com/ proof_positive

    Giuliani is undoubtedly making some obscure legal point here

    On FNS this AM, they discussed the Giuliani quote. A couple of people there noted that he was technically correct. This would bode well for Rudy becoming our next Atty. General, but does little for convincing the average voter to elect him as our chief executive!
    His statement doesn’t make him less qualified to be president, but it does impair his ability to become president. You can’t do the job if you can’t get the job! (Note: This applies in spades to Ron Paul!)

  • Sweet16

    Immigration is a natural law issue that existed before there was socialism or capitalism. Immigration relates to our natural law rights of association. That means a group of people of like mind and culture will tend to live in some kind of pack or community giving up certain rights within the pack and gaining certain advantages. Because they give up certain rights does not mean they are socialist. In this right of association they retain the right to add or expel members. They will set a territory that they will
    collectively defend from unwanted associations.

    ————————————
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  • fancynancy

    This weekend, Rudy Giuliani launched a series of attacks on us for exposing the White House spin on the “surge.”

    Giuliani is hoping to scare war critics into staying silent. But that isn’t going to happen. We’ve put together a rapid-response ad which demonstrates that Giuliani doesn’t have a leg to stand on when it comes to leadership on Iraq: He was booted from the Iraq Study Group after missing meeting after meeting so he could make millions of dollars giving speeches.

    We want voters to know that Giuliani can’t be trusted on Iraq. Can you help with $25 to get this ad on the air in Iowa? Click here to see the ad and contribute:

    https://pol.moveon.org/donate/giuliani.html?id=11257-5404491-qFhea9&t=3

    The facts are very clear: When it really mattered, Giuliani chose to make big money from speeches rather than helping figure out a strategy for Iraq.

    The Iraq Study group (ISG) was a bipartisan panel appointed by Congress in March of 2006 to evaluate the situation in Iraq and make policy recommendations on the war. Sometimes it’s referred to as the Baker-Hamilton commission.

    Giuliani originally said that he looked forward to participating in the group,1 but then he never showed up to any of the meetings.

    Newsday reported earlier this year that, “Rudolph Giuliani’s membership on an elite Iraq study panel came to an abrupt end last spring after he failed to show up for a single official meeting of the group, causing the panel’s top Republican to give him a stark choice: either attend the meetings or quit, several sources said.”2

    Giuliani later said that he couldn’t participate in the group because of “time constraints.” A close look at his financial records shows that those time constraints actually consisted of a series of speeches that he made millions of dollars on.3

    In April of last year. Giuliani skipped a meeting and made $200,000 giving a keynote speech at an economic conference in South Korea.4
    The next month he skipped another meeting to give a $100,000 speech on “leadership” in Atlanta. Later that day, he attended a $100-a-ticket political fundraiser for conservative activist Ralph Reed.5
    For Giuliani to claim any authority on handling the war in Iraq when he abdicated his responsibilities to the Iraq Study Group is a plain betrayal of the nation’s trust. In fact, Stephen Hess, who served on the panel and has served in Republican and Democratic administrations, said, “Leaving that study group was not exactly an act of courage.”6

    While the media spotlight is on Giuliani and MoveOn, we’ve got an opportunity to remind voters about his real record on Iraq. Can you chip in $25 to help us get this ad on the air?

    https://pol.moveon.org/donate/giuliani.html?id=11257-5404491-qFhea9&t=4

    Giuliani’s ad against us is in response to the ad we ran in the New York Times last Monday. The ad really got under Republicans’ skin–Senator John McCain even called for MoveOn to be “thrown out of the country.”7(His campaign later conceded that we have the right to free speech.)

    But Republicans are right to be nervous about the facts that ad brought to light. As cognitive scientist George Lakoff said, “The ad worked brilliantly to reveal, via its framing, an essential but previously hidden truth: the Bush Administration and its active supporters have betrayed the trust of the troops and the American people.”8

    With your help we can make sure we continue to highlight these important truths.

    Thanks for all you do.

    –Nita, Eli, Justin, Jennifer and the MoveOn.org Political Action Team
    Monday, September 17th, 2007

    Sources:

    1. “Rudy missing in action for Iraq panel,” Newsday June 18,2007
    http://www.newsday.com/news/local/longisland/ny-usrudy0619,0,7996765.story?wc

    2. Giuliani on panel to study Iraq policy, Newsday March 16, 2007
    http://www.newsday.com/news/nationworld/nation/ny-usiraq164663959mar16,0,6948113.story?coll=ny-nationalnews-print

    3. Ibid

    4. Ibid

    5. Ibid

    6. Ibid

    7. “McCain To MoveOn: Get Out,” CBSNews, September 14, 2007
    http://www.moveon.org/r?r=2973&id=11257-5404491-qFhea9&t=6

    8. “Whose Betrayal?” Huffington Post, September 15, 2007
    http://www.moveon.org/r?r=2974&id=11257-5404491-qFhea9&t=7

    PAID FOR BY MOVEON.ORG POLITICAL ACTION, http://pol.moveon.org/
    http://moveon.org/s?i=11257-5404491-qFhea9

  • http://sayanythingblog.com/readers/author/sparkiearbuckle sayanything-81

    sweet16,
    salient point, I have posted on the topic in the past.

  • http://sayanythingblog.com/readers/author/sparkiearbuckle sayanything-81

    if you support free trade and no minimum wages, open the border. if you support restricted trade and minimum wages, close it. other positions are internally inconsistent.

  • Anonymous

    Giuliani has a point but its still a crime.

    new york immigration lawyer

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