I think it's more a case of he'll say whatever he needs to at any given time. This guy has been all over the place. He contradicts himself here, years before.
Giuliani: Illegal immigration no crime-Not what he told Mike Cutler!
Mike Cutler: "After the senator and the U.S. attorney engaged in a bit of bantering about a recent trip they had taken to Italy together, D'Amato turned to the issue of the penalties for the crime of Re-Entry After Deportation. U.S. Attorney Giuliani asked me for the statute concerning this crime and I told him that it was to be found in Title 8 of the United States Code, Section 1326. After a short while, Giuliani got back on the phone, obviously he tracked down the law and said that I was correct, that the maximum punishment was 2 years in jails and that the law did not differentiate between aliens who had criminal convictions and aliens who did not. He told Senator D'Amato that boosting the penalties for criminals who are deported and illegally re-enter the United States was a great idea! "
The complete email from Mike Cutler below:
http://www.freerepublic.com/focus/f-bloggers/1893516/posts
But why would he take a position that is opposed by over 75% of potential voters?