Saturday 17 July 2010

CA to AZ ... Pot Calling Kettle Racist?

Sometimes research is just too much fun. Like when you find out that the biggest blowhard on the playground is really just a loud mouthed hypocrite!

Following up on a tip that sounded just too good to be true, I just did a search for a particular California law (included below) which paints their boycott of Arizona's law to cut down on illegal immigrants within their borders. And, boy, did I hit pay dirt!

Just to refresh your memory, The Arizona law, set to take effect July 29, directs officers to question people about their immigration status during the enforcement of other laws such as traffic stops if there is a reasonable suspicion they're in the U.S. illegally. Nothing wrong with that, until "some people" get their backs up about hurting someone's feelings by asking about their residency. The "some people" I refer to includes, among many others, the City of Los Angeles an the State of California.

Now, here's the fun part: That same California, it turns out, has on their own law books a law that directs their law enforcement officers to DO THE EXACT SAME THING! That's right, the idiots who have been shouting the loudest that Arizona's law equals racial profiling already have the same law in place for themselves!

You can't make this stuff up, friends. As proof, let me present exhibit one, California's own law: (found at http://codes.lp.findlaw.com/cacode/PEN/3/2/3/5/s834b)

CAL. PEN. CODE § 834b : California Code - Section 834b

(a)Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws.

(b)With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law enforcement agency shall do the following:

(1)Attempt to verify the legal status of such person as a citizen of the United States, an alien lawfully admitted as a permanent resident, an alien lawfully admitted for a temporary period of time or as an alien who is present in the United States in violation of immigration laws. The verification process may include, but shall not be limited to, questioning the person regarding his or her date and place of birth, and entry into the United States, and demanding documentation to indicate his or her legal status.

(2)Notify the person of his or her apparent status as an alien who is present in the United States in violation of federal immigration laws and inform him or her that, apart from any criminal justice proceedings, he or she must either obtain legal status or leave the United States.

(3)Notify the Attorney General of California and the United States Immigration and Naturalization Service of the apparent illegal status and provide any additional information that may be requested by any other public entity.

(c)Any legislative, administrative, or other action by a city, county, or other legally authorized local governmental entity with jurisdictional boundaries, or by a law enforcement agency, to prevent or limit the cooperation required by subdivision (a) is expressly prohibited.

Oh, please, stop me from laughing! I can't breathe! It's just TOO good!

So, shall we expect a federal lawsuit against California's profiling law any time soon?

Giddily yours,

ExpertExpat

1 comment:

Anonymous said...

Good points - hope this gets around to more people!

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