Speaking earlier this month on CNN, Janet Napolitano, secretary of Homeland Security, came dangerously close to whitewashing the signature act of illegal immigration — that is, crossing the border without proper authorization.

Whether Mrs. Napolitano truly grasped the astounding nature of her assertion is questionable, as she made the statement at the far end of a discussion about the “zero tolerance” approach to illegal immigration employed by Sheriff Joe Arpaio of Maricopa County, Ariz. The no-nonsense Sheriff Arpaio has stoked the wrath of congressional Democrats with his strict enforcement of the law. He wants illegals prosecuted and jailed.

Mrs. Napolitano at first responded reasonably, stating that “Sheriff Joe ... knows that there aren’t enough law enforcement officers, courtrooms, or jail cells in the world to do what he is saying.”

Fair enough, but then she wandered into dubious legal territory. After noting, again reasonably, that “what we have to do is target the real evil-doers in this business” — for instance, employers who knowingly and repeatedly hire illegals — she then said: “[C]rossing the border is not a crime per se. It is civil.”

This is news to us. Federal law seems pretty clear in defining illegal entry to this country as a crime. The pertinent statute (Title 8, Section 1325 of the U.S. Code) reads, “Any alien who enters or attempts to enter the United States at any time or place other than as designated by immigration officers ... shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both.”

From our reading of this section, this is a criminal offense, to which additional civil penalties can be attached. What about this does Mrs. Napolitano not understand?