Tuesday, May 18, 2010

California Law Regarding Illegal Immigration

With the idiots in San Diego, Los Angeles, and Sacramento trying to make some hay about Arizona's new immigration law, it might be fun to look at California's law on the subject. Why didn't I think to do this before hearing about it on the radio this morning? I have LegInfo.ca.gov (The Official California Legislative Information Page) bookmarked and often refer to it for education code. Today, though, we look at 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.

Does this last clause make our so-called sanctuary cities illegal? If so, why do we tolerate them? It seems absurd that a city would expect citizens to obey every little law and ordinance while that same city flouts state law.

So what's the difference between Arizona's law and California's law? Arizona probably intends to enforce its law.

Update, 5/31/10: A majority in California support the Arizona law, making all those city councils that support a boycott of Arizona outside of the mainstream.

1 comment:

Scott McCall said...

wow, now my argument for the bill just went through the roof! new study today by the associated press shows that twice as many people support the bill as people who oppose it. something like 48% support the bill, 24% oppose it, with the remaining percentages remaining neutral because they don't care.

it sounds like the media and the cities "boycotting" arizona are only doing it because that's what their citizens want....the same citizens who haven't read the bill or are here illegally