About the Author

Received M.Div. at Gordon-Conwell Theological Seminary and Ph.D. at University of Kansas. Served as pastor of a number of United Methodist churches. Taught Hispanic literatures at West Virginia University and University of Oklahoma, among others. Numerous articles and three books on Spanish American prose fiction, poetry and drama. Something of a specialist in biblical hermeneutics.

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Of Black Pots and Kettles

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In all the hyper-polarization we’re falling into in this society, I for one am getting pretty fed up with people’s using whatever ploy serves their political purposes, whether there is any validity to it or not.  What follows is an excerpt of a rather curious message on the immigration law issue in Arizona:

“My name is Harold R. Beasley, Sr.  I am a retired Border Patrol Agent.  I live in Sierra Vista, AZ.  I was the Deputy Chief Patrol Agent in San Diego for five years (1996 to 2001).  I then transferred as an Assistant Chief Patrol Agent to Tucson, Arizona and then retired in 2002.

“I did a little research and found that California has the same law (Penal Code 834b) on [its] books and [is] complaining about Arizona just passing our New Immigration Law.  Wow.  Is this the pot calling the kettle black?

“Please note the last section, 834(b)©).  Looks like Los Angeles and San Francisco Mayors have violated California Law and should be investigated by Attorney General Jerry Brown of California.

“Below is the message that I sent to the Mayors of Los Angeles and San Francisco:

“You are fighting the new Arizona Immigration Law.  Well, take a good look at your laws over in California.  You are telling Arizona that we are racists and will be racial profiling.  Read California Penal Code 834b.  You are violating your own State Laws by not enforcing Penal Code 834b.  You have had the same law for many years and NO ONE has been protesting your law.  WHY IS THAT?”

Penal Code 834b reads as follows:  “(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.”

The obvious question here is whether we citizens are now supposed to accept the notion that it is right for our government agencies to enforce only laws that they deem politically expedient at the time, and that it is right for them to criticize other government agencies for enforcing the laws on their books.

Before the age of blatant hypocrisy, we used to take it for granted that this was a nation ruled by law, not by caprice.  It would be good for whatever percentage of the populace is still lucid to demand that our laws either be enforced or be removed from the books by legal processes.

There Is 1 Response So Far. »

  1. Section 4 of California Proposition 187 — which provides the language of Section 834b of the California Penal Code was declared unconstitutional by a federal court in 1995, the year after the proposition was was passed. The issue indirectly came up again in 2009 and the statute was again held to be unconstitutional, this time by a California Appellate court.

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