| Mon Jun. 21, 2010 3:00 AM PDT
Did California really pass an immigration law that's just as punitive as Arizona's—but just failed to enforce it? That's the claim currently richocheting around right-wing blogs [1] and Tea Party sites [2]—trickling all the way up to conservative standard-bearers like The Washington Times [3]. The origin of this claim seems to be a viral email [4] sent from retired Border Patrol agent and Arizona resident Harold Beasley, who claims that California has an immigration law on the books that’s almost identical to the Arizona measure. Beasley is partially right, but mostly wrong. The state did pass such as law as part of Proposition 187, a harsh immigration measure that tried to deny any state-sponsored services to illegal immigrants. But the law is no longer enforceable—because the federal courts struck it down over a decade ago.
This important fact hasn't stopped Beasley—and others—from crying hypocrisy. Beasley cites a passage of the California Penal Code, Section 834b, which says that California law enforcement must attempt to verify the immigration status of suspected illegal immigrants and turn them over to the federal authorities for prosecution or deportation. "Wow, is this the pot calling the kettle black?" writes [4] Beasley, according to one version of his viral email. "You are telling Arizona that we are racists and will be racial profiling… You have had the same law for many years and NO ONE has been protesting your law. WHY IS THAT?"
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