Monday, May 17, 2010

California's "Dirty Little Secret" Regarding Illegal Immigration


California has a dirty little secret it does not want you to know about, and it is very closely related to Arizona S. B. 1070, known as "The Arizona Immigration Law."

It seems California already has on its books a law that covers how enforcement officials are to handle illegal aliens, and it looks a lot like that "racist" law Arizona is soon to enact.

From California Penal Code, Section 834b:

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.

And from the "racist" Arizona law, S. B. 1070:

ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS

11-1051. Cooperation and assistance in enforcement of immigration laws; indemnification

A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.

D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE JURISDICTION OF THE LAW ENFORCEMENT AGENCY.

It seems if we examine the California Penal Code closely, we find that many California cities, including specifically San Fransisco and Los Angeles, are in violation of both Federal and State law as they behave as "Sanctuary Cities."

Additionally, in demanding fiscal boycotts of another State within The Union, these California cities are in violation of The Constitution, as it is the duty of the Federal Government to regulate Interstate Commerce, as per Article 1, Section 8.

I would argue that if the Mayor of San Fransisco and the City Council of Los Angeles wish to boycott Arizona due to S. B. 1070, they might first consider a boycott of their own state.


And here's a thought for all the legislators in California who wish to boycott Arizona:

Arizonans pump millions of dollars into the California economy. Every summer when temperatures rise in the desert, Phoenicians and other Arizonans head west to Sea World, Disneyland, the beaches, and other California attractions. However, given the current political climate, many Arizonans are already planning trips within Arizona or to other vacation destinations.


In light of the embarrassing statements made by Attorney General Holder and President Barack Hussein Obama, perhaps it would be wise that everyone on the "pro-illegal" side of the discussion take a step back, make an effort to read the law, and reconsider their position.

Hat tip to Kerry Picket at The Washington Times.

30 comments:

Z said...

I had heard we in California had the same law, can't believe it's true!! And what a JOKE! AS IF they'd ever follow these laws?
And ya..it would be nice if our leaders knew the laws, too, huh? GRRRR!!
If Obama had any guts and brains, he'd let Holder go by now.

Soloman said...

Hi Z...

Yep, it's true! Amazing, isn't it, what a little research will do?

Shame the lawmakers of a certain political persuasion refuse to do their job!

And I don't think Holder's going anywhere. He is completely in lockstep with Obama's opinions, shares Obama's lack of knowledge of Law, and hates America just as much as Obama.

LL said...
This comment has been removed by the author.
LL said...

How did those sneaky conservative racists slide that section into the Penal Code? Perhaps Jerry Brown, formerly Governor Moonbeam, now California Attorney General should direct everyone to tear that page out of the book... as a symbol of protest!

Californians should boycott California!

Opus #6 said...

I'm so sick of these stupid boycotts. I love Arizona!

The Conservative Lady said...

Thanks for posting this, Sol. I am going to link to it over at TCL FB.

What Makes Us Right said...

Great info Sol, this needs reposted on as many sites as possible. I will be doing so later tonight.


Also, I am intrigued by the potential constitutional violation of the interstate commerce law.

Woodsterman (Odie) said...

Buy from Arizona !!!

tammy said...

Oh the irony.

I saw a poll in the LA Times that showed most of CA residents don't approve of the boycott. Everyone I know that lives there thinks it's ridiculous.

Did you also see this?

Soloman said...

LL -

I love the sentiment - Californians boycotting California. Too funny!

Soloman said...

Opus -

These boycotts are a joke. Pathetic that Americans would try to destroy the livelihood of other Americans.

And we in Arizona appreciate the love, and we love you too!!

Soloman said...

TCL - thanks for the link.

Soloman said...

WMUR -

thanks for linking me.

Regarding the Commerce clause, it's something that my local radio host (Barry Young, KFYI) was discussing the other morning. I didn't catch the entire discussion, but he knows The Constitution extremely well so he may have an accurate point there.

Soloman said...

Odie -

I've heard about as many or more people buying from AZ as are boycotting.

Soloman said...

Tammy -

I didn't see the Times poll you mention, but yes, I've seen the other story. As I'm writing this comment it's being discussed on Hannity, and it's a concept that actually kind of got started on Barry Young's show late last week. today he (Young) declared the day "Gary Pierce Day" on the show, and had him on the radio.

I also saw the two videos you have posted - great find. I may link to them tomorrow - tonight I'm tired and done for the evening.

Madison said...

The problem isn't the laws, many states have them; it is the lack f enforcement. Also, the city of Boston is boycotting Arizona, but I am here to tell you than many residents of Massachusetts are actually boycotting Boston because of it. Arizona has a lot more support than the media will report. Go team USA!

Soloman said...

Madison,

You're correct - and if I may add to your thought, the problem truly is not at the State level, it is at the Federal level.

Thank you very much for the news out of Massachusetts, and indeed - we are the United States of America... it's time some give up political posturing and recognize!!

Teresa said...

The problem is Califormia isn't enforcing its immigration laws. That's what illegal aliens are pissed over. Arizona is actually enforcing the law. Could you imagine that a law is actually being enforced? I guess that certain people in California couldn't even fathom that thought. We need to start enforcing the laws already on the books. The federal government is failing us, big time.

Snarky Basterd said...

Well, hell, Solomon, I guess then that Los Angeles and San Francisco should ... boycott themselves ... by giving the money they fleece from taxpayers back to the taxpayers ... so they can vacation in Arizona.

I could be a marketing genius, you know, if only I'd not skipped the entire semester of that marketing class back in college.

Fuzzy Slippers said...

Heh, great find, Sol. What a bunch of disgusting hypocrites they are! Race baiting, creating division, inciting violence . . . these people don't care one whit about America.

christian soldier said...

it's not being enforced - so- all of our hard work in getting it passed has been for naught...

some of us in CA are promoting vacations (taking our $$$$) to Arizona...
C-CS

Right Ideas said...

Great article. Thanks for bringing the truth to light. I posted a link @ my site.

While I am yet free said...

My favorite part of the CA law was...

"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 is expressly
prohibited."

Sooner or later, our own laws will become unavailable to us...for our own protection, of course.

Gorges Smythe said...

I was thinking that if they would declare illegal aliens as game animals, that the state departments of natural resources would be glad to manage them. Just think of all the license sales!

Opus #6 said...

i hope u r well Sol.

Not_the_droid_you're_looking_for said...

Found this article interesting...
http://news.bbc.co.uk/newsbeat/hi/music/newsid_10210000/newsid_10212700/10212786.stm
What'll they all do if the state of California, where most of them reside - and quite often perform, stands up and starts enforcing their own laws? Not likely but, what if?

commoncents said...

I LOVE YOUR BLOG!

Keep up the great work!!

Common Cents
http://www.commoncts.blogspot.com

ps. Link Exchange??

Silverfiddle said...

Excellent find!

It degrades a society to ignore its own laws.

Arizona should hand out free bus tickets to San Francisco and LA, since they are "sanctuary cities."

Pedaling said...

where are you?

everything alright?

Madison said...

I saw your response and thought about what you said about it being a Federal Problem. I addressed that problem in my latest blog post. I hope you'll stop by and check it out.