AZ Sheriff Joe Arpaio - Fed Judge rules Racial Profiling

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Federal judge says Arizona sheriff was racially profiling

By Ben Brumfield, CNN - updated 4:05 AM EDT, Sat May 25, 2013

130412174603-bts-joe-arpaio-mail-threat-presser-00003702-story-top.jpg


Maricopa County Sheriff Joe Arpaio's department has racially profiled people of Latino descent, according to a judge

(CNN) -- Arizona lawman Joe Arpaio has required prison inmates to wear pink underwear and saved taxpayers money by removing salt and pepper from prisons. He has, at times, forbidden convicted murderer Jodi Arias from speaking to the press.

The stern Maricopa County Sheriff has said the federal government will not stop him from running his office as he sees fit. But on Friday it did.

A judge ruled Friday that Arpaio's routine handling of people of Latino descent is not tough enforcement of immigration laws but instead amounts to racial and ethnic profiling.

Some of those profiled sued Arpaio, and Judge Murray Snow found their complaints to be legitimate.

The federal court in Phoenix ordered "America's Toughest Sheriff" -- a moniker Arpaio sports on his website -- to stop it immediately and has banned some of his operating procedures.

The sheriff's office has a history of targeting vehicles with occupants with darker skin or Latin heritage, scrutinizing them more strictly and detaining them more often, Snow ruled.

The sheriff's lawyers dispute the judge's conclusion.

"Racial profiling is illegal. Racial profiling is immoral," said defense attorney Tim Casey.

That is the belief and policy of Sheriff Joe Arpaio."

The sheriff's office in Maricopa County, where Phoenix is located, is planning to appeal the ruling.

"This is vindication," said immigration rights activist Lydia Guzman, happy about the verdict.

"They've been stopping people based on the color of our skin, just because someone suspected we might not be authorized to be in this country."

Being profiled

Plaintiffs in the civil trial gave accounts alleging discriminatory treatment.

Officers stopped Manuel Nieto and Velia Meraz after they witnessed Maricopa County Sheriff's Office (MCSO) deputies detaining two Latino men. A deputy then ordered them to leave, but they were pulled over again in front of their family business, according to the ACLU, which represented plaintiffs.

The second stop was at gunpoint, they said. Nieto dialed 911, but deputies grabbed him and threw him against his car, according to the suit. Once they saw that Nieto and Meraz were U.S. citizens, they let them go -- without an apology.

Plaintiff Manuel Ortega Melendres was vising Arizona on a valid visa. He does not speak English.

In September 2007, he was arrested after the car he was riding in was pulled over by deputies.

Melendres said he showed the officers his identification but was nonetheless treated roughly and arrested. He sat in a cell for hours before a federal immigration agent confirmed that his documents were in order.

A professor of criminal justice presented a statistical analysis he said corroborated that profiling in the county was systematic.

Ralph Taylor of Temple University testified that Hispanics are more likely to be checked for immigration status during saturation patrols than non-Hispanics are.

Casey blamed the incidences on bad training by U.S. Immigration and Customs agents. The court's ruling will prevent local law enforcement from playing a potential role in immigration enforcement, he said.

No longer allowed

The court's ruling prevents the sheriff's office from carrying out some of Arpaio's policies that it said amounted to a violation of the Fourth Amendment, which protects against unreasonable search and seizure, and the Fourteenth, which guarantees equal protection under the law.

The MCSO will no longer be allowed to use race or Latino heritage to make any law enforcement decisions, including stopping vehicles, making detentions or holding suspects longer than necessary to resolve specific allegations.

The ruling is another slap from the federal justice system against Arizona's immigration policies.

The U.S. Supreme court in June 2012 struck down parts of the state's controversial immigration law, including provisions for law enforcement that were similar to those practiced by Arpaio, and which the court deemed unconstitutional.

...

Read the rest of the article here...

Federal judge says Arizona sheriff was racially profiling - CNN.com

==============================

Well, Sheriff Joe has had a good, long run so far, but he's getting rather old and tired.

Will he (and his office) fight back against this ruling or does this spell the end for his campaign against the deluge of Illegal Aliens in his jurisdiction?

To some he's a hero, to others he's an oppressive racist, but he's certainly controversial.

Is his hand played out or will he and his Governor make a fight of it?

What does all of this mean for stemming the flood of Illegals into and through this border zone?
 
More than likely, he will continue on his campaign to fight this illegal influx. He is doing what the federal government refuses to do, and I applaud him for that. This ruling by the judge has no punitive effect on the Sheriff so why should he worry about it?
 
Judge found Sheriff Joe Arpaio of racially profiling Hispanics. How can stopping Hispanics on traffic violation and asking for immigration papers be racial profiling when Hispanic are a majority and majority of illegal aliens in Arizona are Hispanic. Evidently Liberal Judge was bias and his agenda was to stop deputations. Joe was just doing his job.
Sheriff joe is appealing and he will win on appeal. He always come out on top because he is doing his job of having the right to ask for papers if there is a “reasonable suspicion” that person is illegal. Racial profiling is legal when you are looking for anyone who has committed a crime and illegal immigration is a crime. When a white man robs a bank you don’t go looking for a black man.
What is Racial Profiling?
What Is Racial Profiling – Definition of Racial Profiling
 
Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)


State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient.

Sheriff Joe is doing the job he was hired to do and he is doing it well and more than we can say about our leaders in Washington.
 
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This Gang of Eight should be forced to take their vacations in Pinal and Maricopa County Arizona before they even began to discuss Immigration Reform. I would be safer in Mexico then in Pinal and Maricopa county.
 
The federal court in Phoenix ordered "America's Toughest Sheriff" -- a moniker Arpaio sports on his website -- to stop it immediately and has banned some of his operating procedures.

The sheriff's office has a history of targeting vehicles with occupants with darker skin or Latin heritage, scrutinizing them more strictly and detaining them more often, Snow ruled.

Arpaio thought he was above the law, he’s clearly not. He has only himself and his contempt for the Constitution to blame.
 
The federal court in Phoenix ordered "America's Toughest Sheriff" -- a moniker Arpaio sports on his website -- to stop it immediately and has banned some of his operating procedures.

The sheriff's office has a history of targeting vehicles with occupants with darker skin or Latin heritage, scrutinizing them more strictly and detaining them more often, Snow ruled.

Arpaio thought he was above the law, he’s clearly not. He has only himself and his contempt for the Constitution to blame.
And, the flip side of the coin is: I don't think it's so much an 'above the law' or 'contempt for the Constitution' scenario as it is a long-term strategy to work around the edges of the law and a contempt for those who will not discharge their sworn Constitutional duty to enforce our laws - including existing Immigration Law - which would have had the effect of preventing an Invasion of 12,000,000 Illegal Aliens.
 
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No good deed goes unpunished...
:cuckoo:
Arizona sheriff’s office profiles Latinos, judge says
Sun, May 26, 2013 - A US federal judge ruled on Friday that the office of the US’ self-proclaimed toughest sheriff systematically singled out Latinos in its trademark immigration patrols, marking the first finding by a court that the agency racially profiles people.
The ruling marks a thorough repudiation of the immigration patrols that have made Arizona’s Maricopa County Sheriff Joe Arpaio a national political figure. It backs up allegations that critics have made for years that Arpaio’s officers violate the constitutional rights of Latinos by relying on race in their immigration enforcement. Known for jailing inmates in tents and making prisoners wear pink underwear, Arpaio started doing immigration enforcement in 2006 as Arizona voters grew frustrated with the state’s role as the nation’s busiest illegal entryway. US District Judge Murray Snow also ruled Arpaio’s deputies unreasonably prolonged the detentions of people who were pulled over. The ruling represents a victory for those who pushed the lawsuit.

They were not seeking monetary damages but rather a declaration that Arpaio’s office engages in racial profiling and an order that would require it to make policy changes. “For too long the sheriff has been victimizing the people he’s meant to serve with his discriminatory policy,” said Cecillia Wang, director of the American Civil Liberties Union’s Immigrants’ Right Project. The sheriff, who has repeatedly denied the allegations, will not face jail time or fines as a result of the ruling. Arpaio, who turns 81 next month, was elected in November last year to his sixth consecutive term as sheriff in Arizona’s most populous county.

A small group of Latinos alleged in their lawsuit that Arpaio’s deputies pulled over some vehicles only to make immigration status checks. The group asked Snow to issue injunctions barring the sheriff’s office from discriminatory policing and the judge ruled that more remedies could be ordered in the future. The group also accused the sheriff of ordering some immigration patrols not based on reports of crime but rather on letters and e-mails from Arizonans who complained about people with dark skin congregating in an area or speaking Spanish. The group’s attorneys said that Arpaio sent thank-you notes to some people who wrote the complaints.

The sheriff said his deputies only stop people when they think a crime has been committed and that he was not the person who picked the location of the patrols. His lawyers also said there was nothing wrong with the thank-you notes. The ruling used Arpaio’s own words in interviews, news conferences and press releases against him as he trumpeted his efforts in cracking down on immigrants. “Ours is an operation, whether it’s the state law or the federal, to go after illegals, not the crime first, that they happen to be illegals,” the ruling quoted Arpaio as saying. “My program, my philosophy is a pure program. You go after illegals. I’m not afraid to say that. And you go after them and you lock them up.”

Arizona sheriff?s office profiles Latinos, judge says - Taipei Times
 
If he'd been profiling white Christians the usual nutters would be melting down and screaming about rights being violated.
 
Federal judge says Arizona sheriff was racially profiling

By Ben Brumfield, CNN - updated 4:05 AM EDT, Sat May 25, 2013

130412174603-bts-joe-arpaio-mail-threat-presser-00003702-story-top.jpg


Maricopa County Sheriff Joe Arpaio's department has racially profiled people of Latino descent, according to a judge

(CNN) -- Arizona lawman Joe Arpaio has required prison inmates to wear pink underwear and saved taxpayers money by removing salt and pepper from prisons. He has, at times, forbidden convicted murderer Jodi Arias from speaking to the press.

The stern Maricopa County Sheriff has said the federal government will not stop him from running his office as he sees fit. But on Friday it did.

A judge ruled Friday that Arpaio's routine handling of people of Latino descent is not tough enforcement of immigration laws but instead amounts to racial and ethnic profiling.

Some of those profiled sued Arpaio, and Judge Murray Snow found their complaints to be legitimate.

The federal court in Phoenix ordered "America's Toughest Sheriff" -- a moniker Arpaio sports on his website -- to stop it immediately and has banned some of his operating procedures.

The sheriff's office has a history of targeting vehicles with occupants with darker skin or Latin heritage, scrutinizing them more strictly and detaining them more often, Snow ruled.

The sheriff's lawyers dispute the judge's conclusion.

"Racial profiling is illegal. Racial profiling is immoral," said defense attorney Tim Casey.

That is the belief and policy of Sheriff Joe Arpaio."

The sheriff's office in Maricopa County, where Phoenix is located, is planning to appeal the ruling.

"This is vindication," said immigration rights activist Lydia Guzman, happy about the verdict.

"They've been stopping people based on the color of our skin, just because someone suspected we might not be authorized to be in this country."

Being profiled

Plaintiffs in the civil trial gave accounts alleging discriminatory treatment.

Officers stopped Manuel Nieto and Velia Meraz after they witnessed Maricopa County Sheriff's Office (MCSO) deputies detaining two Latino men. A deputy then ordered them to leave, but they were pulled over again in front of their family business, according to the ACLU, which represented plaintiffs.

The second stop was at gunpoint, they said. Nieto dialed 911, but deputies grabbed him and threw him against his car, according to the suit. Once they saw that Nieto and Meraz were U.S. citizens, they let them go -- without an apology.

Plaintiff Manuel Ortega Melendres was vising Arizona on a valid visa. He does not speak English.

In September 2007, he was arrested after the car he was riding in was pulled over by deputies.

Melendres said he showed the officers his identification but was nonetheless treated roughly and arrested. He sat in a cell for hours before a federal immigration agent confirmed that his documents were in order.

A professor of criminal justice presented a statistical analysis he said corroborated that profiling in the county was systematic.

Ralph Taylor of Temple University testified that Hispanics are more likely to be checked for immigration status during saturation patrols than non-Hispanics are.

Casey blamed the incidences on bad training by U.S. Immigration and Customs agents. The court's ruling will prevent local law enforcement from playing a potential role in immigration enforcement, he said.

No longer allowed

The court's ruling prevents the sheriff's office from carrying out some of Arpaio's policies that it said amounted to a violation of the Fourth Amendment, which protects against unreasonable search and seizure, and the Fourteenth, which guarantees equal protection under the law.

The MCSO will no longer be allowed to use race or Latino heritage to make any law enforcement decisions, including stopping vehicles, making detentions or holding suspects longer than necessary to resolve specific allegations.

The ruling is another slap from the federal justice system against Arizona's immigration policies.

The U.S. Supreme court in June 2012 struck down parts of the state's controversial immigration law, including provisions for law enforcement that were similar to those practiced by Arpaio, and which the court deemed unconstitutional.

...

Read the rest of the article here...

Federal judge says Arizona sheriff was racially profiling - CNN.com

==============================

Well, Sheriff Joe has had a good, long run so far, but he's getting rather old and tired.

Will he (and his office) fight back against this ruling or does this spell the end for his campaign against the deluge of Illegal Aliens in his jurisdiction?

To some he's a hero, to others he's an oppressive racist, but he's certainly controversial.

Is his hand played out or will he and his Governor make a fight of it?

What does all of this mean for stemming the flood of Illegals into and through this border zone?


This is not exactly a surprise.
 

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