Whether an illegal immigrant is detained or not "depends on the seriousness of the offender, and the availability of bed space," according to Napolitano.
"This is a real problem along the border," she said after a follow-up question from Sen. Scott Brown, R-Mass. "We don't have enough beds ... to detain everybody who crosses the border."
Well Ms. Napolitano, last time I checked, U.S. Code Section 1325 states that it is ILLEGAL to cross into the United States without permission, making it a crime to do so. If there is a problem with bed space, why aren't we sending illegals immediately home?