Making it up as she goes along

We're a little late on this one, but feel the need to point it out for completeness purposes.

Janet Napolitano, our witless head of Homeland Security, on April 19 demonstrated once again in an interview (on CNN) that she has absolutely no grasp of the immigration laws she is charged with upholding, as pointed out by Michelle Malkin:

"And yes, when we find illegal workers, yes, appropriate action, some of which is criminal, most of that is civil, because crossing the border is not a crime per se. It is civil. But anyway, going after those as well." (Emphasis mine)

Nope. Janet Kirchner of FAIR references the appropriate law, 8 USC 1325 (Why can't Napolitano's people find these little nuggets of fact in the code as well, in order to inform and better prepare their boss for these embarrassing media appearances?):

(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.

A misdemeanor crime for the first offense, felonies for subsequent attempts. Hardly the "civil infraction" that Napolitano tries to make it out to be.