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Arturo Venegas, Jr.

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The Difference in Police Leadership on Immigration and Civil Rights

Posted: 12/22/2011 7:23 am

The Department of Justice Civil Rights Division just released the long-awaited results of its investigation into Maricopa County Sheriff Joe Arpaio and his department. Sheriff Joe's tactics may have been headline-grabbing, but they have caused serious harm to his community and the people he swore an oath to protect and serve.

What citizens and community-policing advocates have known for years was officially confirmed by the Justice Department's investigative findings. Arpaio, far from being a role model for local or federal law enforcement, has destroyed the trust of his community, especially when it comes to immigrants and Latinos in Arizona.

The report confirms that tactics like Arpaio's are rooted in racial profiling: "Since roughly 2007, in the course of establishing its immigration enforcement program, MCSO has implemented practices that treat Latinos as if they are all undocumented, regardless of whether a legitimate factual basis exists to suspect that a person is undocumented" (page 6); that his policing practices damage law enforcement's relationship with all Latinos in the community: a "wall of distrust between MCSO officers and Maricopa County Latino residents" (page 2); and that he has made it harder for law enforcement officers to fight crime, as expressed by the MCSO deputy who "bemoaned the impact of MCSO's immigration-related operations, stressing that they 'affect our ability to work in a community that hates you'" (page 16).

Every day that Arpaio has focused on terrorizing immigrant and Latino communities, while serious criminals roam the streets of Maricopa County, it has made other law enforcement officials' jobs harder across the nation. Law enforcement, and especially those of us who value the Constitution of the United States, should thank the Civil Rights Division of the U.S. Department of Justice for finally taking steps to hold Arpaio accountable for his actions.

The sheriff's obsession with rounding up immigrants was at the cost of more than 400 sex crimes, including dozens of child molestation cases which were ignored or botched. He pursued his extreme immigration enforcement agenda at the expense of criminal activity of every sort. Worse still, his practices have spread to other sheriffs and have even become enshrined in several state laws.

Last week the Department of Homeland Security took unprecedented steps in limiting its cooperation with Arpaio, but until the racial profiling and aggressive tactics he championed are no longer encouraged through state laws like Arizona's and Alabama's, or tacitly condoned by federal programs like Secure Communities, we have not yet eradicated his legacy of fear.

Now let me tell you about another law enforcement leader, one who might be the precise opposite of Sheriff Arpaio. Patrick Vincent Murphy grew up with the New York Police Department, the son of a cop who also became a cop. In 1970 he became Commissioner of NYPD, named to the position by Mayor John Lindsay. Commissioner Murphy, a reformer, battled corruption and championed professionalism through better education, race relations and less physical force by cops. He led the police departments of Washington, D.C., Detroit and Syracuse in addition to NYPD. He was also the first director of the federal Law Enforcement Assistance Administration, an agency responsible for making law enforcement more professional and accountable.

Murphy went on to become President of the Police Foundation, advocating new and better practices that promoted sound and just policing in a democratic society. Aware that there was a need to develop an organization to research critical issues with which the law enforcement profession was struggling, Commissioner Murphy was one of ten visionary leaders who created the Police Executive Research Forum (PERF).

Both the Police Foundation and PERF have recently concluded studies and produced reports that recommended the need to have local law enforcement removed from the enforcement of immigration law - just the opposite of what Sheriff Arpaio and his department have been doing. Both concluded that the impact of such enforcement would lead to negative impacts on community policing and they cautioned about the possibility that racial profiling could be a by-product. In fact, these tactics and their result was exactly what the U.S. Department of Justice uncovered in their investigation of the Maricopa County Sheriff's Office.

I had the honor of knowing and talking to Commissioner Murphy during my career. Pat was a wise man who shared his knowledge and wisdom to the benefit of our profession. Our leaders, communities and nation are the better for his work.

At another point in my career, I also had the opportunity to attend a class with Sheriff Arpaio. At the conclusion of the class, he asked us to wait because he had a gift for us. He went to his vehicle and returned with a box full of the book he had written. It was the book that detailed his infamous practices of putting prisoners in tents, feeding them bologna sandwiches, and clothing them in pink undergarments.

During a week where a true leader in our profession passed away, and another "leader" was castigated by the Department of Justice, I can't help but draw a parallel and wonder what the future of our profession beholds. One can only hope that the legacy of Patrick Murphy will live on and his vision and wisdom will eclipse the grandstanding tactics that have stained our profession in Maricopa County, Arizona.

 
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12:56 PM on 12/23/2011
We also know that employers are using illegal immigration to drive down wages. And Democrats support this. We also know from government reports that H-1b work visas are also full of fraud and used to drive down wages. We know that poverty is rising in the US. These are all known.

What the Democrats are pushing for is a nation in which employers can import the world's poor and keep driving down wages. They want poverty.

You will never hear Democrats fighting to punish employers of illegals. You will never hear Democrats fighting to punish Microsoft for laying off Americans and replacing them with H-1b work visa holders!!! Never.
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June25
11:07 AM on 12/23/2011
It's a mistake to assume that the same methods in New York will get same results in Arizona.I guess Murphys intentions are good so maybe some good will come of it.
09:51 AM on 12/23/2011
I never thought I would hear a law enfocement person advocate letting felons go free by denouncing Secure Communities. In order to get into their data base, an illegal must have been arrested before since they cannot get fingerprints from people out of thin air as they run across the border. So if they are in the US now, that means that they have illegally re-entered the US a SECOND time and are guilty of a FELONY!

The FACT is that criminals are supposed to fear the police. Since when is that a bad thing? In a community composed in its majority of illegals, they of course, WILL HATE those who would hold them to account. So your idea is to simply not enforce our laws,or the ones you don't like.

Then you forget the fact that Secure Communities has caught major criminals by its use. It is truly bizarre that you will simply take a persons word as to who they are, and where they live and their citizenship. That is beyond extreme, but I know that every crook appreciates your efforts to sheild them. Talk to the Bologna family and let them know your thoughts.
05:38 AM on 12/23/2011
So now the doj get to pick the crimes it will arrest people for. I have a list of crimes I would like the doj not to enforce. Where do you turn in your list or is this just for certain people who get to pick what crimes will be enforced?
01:11 AM on 12/23/2011
The overwhelming percentage of crime in Phoenix comes from the west side, which also happens to be the most dense concentration of Hispanics (70-80%) and also has the highest number of "drop houses." This is not opinion, the local TV news reports night after night tell the true story. When you do a crime-suppression operation, you go where the crime is. Common sense would say that the majority of arrests made when operations are here are going to be Hispanic. But the Obama administration is intentionally ignoring that, and calling it "profiling." What they are basically proposing is that the Sheriff's office can do crime sweeps, but NOT in Hispanic communities.

There are lots of theories on Obama's motives, but the one that is unavoidable is that Obama, Holder, and Napolitano are seeking to demonstrate to the Supreme Court that immigration ENFORCEMENT is racist, profiling, cruel, and UNCONSTITUTIONAL. And they was to drive this point home BEFORE Arizona's SB 1070 comes to the floor of the court for judgement in April, and is decided in June. They are trying to biased the justices on the court before hearings ever start.
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HUFFPOST SUPER USER
pixeloid
Reality has a liberal bias.
07:06 AM on 12/23/2011
Then why have arrests and deportations INCREASED under Obama?
12:03 PM on 12/23/2011
Then why did Obama and company beg the Supreme Court NOT to take the SB 1070 case?
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dtairtime
It is what it is
12:31 PM on 12/23/2011
Because over the last ten or so years there have been huge increases in border patrol personnel an increase in border fencing being built and increase in prosecutors/judges to try these cases.

This is not a trend obama or bush before him started but under both and under the next president the arrests will go up.

Unless of course we as a country stop dangling a carrot (jobs, amnesty after amnesty, anchor baby status, welfare, schooling, medical, etc) in front of the 4 or so billion people of this world who live in abject poverty.

If we stop doing this then those here will leave and few more will come. Taxpayers will save billions on enforcement alone, not counting all the socioeconomic negatives of a massive increase in uneducated, high birth rate and low income people who cost far more than they can possibly produce. I know that sounds harsh but India is a tad harsher and if you think mass humanity if so great please visit them before you decide what kind of country we should emulate.
06:40 PM on 12/22/2011
The key to SB1070 working is the employer sanctions provision of the law, since it is conservative mantra that they come here for the jobs.

SB1070 does not, repeat, does NOT give civil subpoena authority to the county prosecutors ( who are responsible enforcing this law). That means a county official cannot go into a business, with a civil warrant, and inspect employment records, the way, say, the department of weights and measures can go into a gas station and check the accuracy of the dispensing gas pumps.

The only avenue available for the prosecutors is a criminal warrant, which requires probable cause of a crime, a much higher standard.

So, only if the cops knew a business was hiring underage, or dealing drugs could they go in with a criminal warrant and pursuant to that inspect employment records for illegal hiring.

Ask yourself why the conservatives in the AZ legislature left out this CRITICAL law enforcement tool when they wrote SB1070.

Even recently re-called russell Pearce, the author, said it was an oversight that has to be fixed.

Remember, a conservative solution to a problem is always worse than the actual problem.
09:59 AM on 12/23/2011
The E-Verify idea was NOT a conservative one since it was a major recommendation of the Jordan Commission on immigration which was chaired by the LIBERAL Barbara Jordan. It was also the price labor unions demanded for NOT opposing the Reagan amnesty of 1986.

Secure Communities is being used by the Harris County Sheriff. Adrian Garcia for ALL his inmates. I guess that he does NOT agree with this poor excuse for a law enforcement type who will not enforce cetain laws against minorities who he wishes to give preferential treatment too. Illegals get a pass on driving without a license, registration, insurance, and cannot be arrested for other crimes the cops might find in the process. Incredible!
12:29 PM on 12/23/2011
I am referring specifically to SB1070 in Arizona. Not sure what your reply has to do with SB1070 in Arizona.

But did you ask yourself why there was no civil subpoena power given to the county prosecutors under SB1070 that was written by conservatives, passed into law by conservatives and signed by a conservative governor?

But nice try at trying to blame liberals for conservtives' screw ups.
01:00 PM on 12/23/2011
Democrats will never allow mandatory E-verify. Democrats hate American workers. H-1b work visa fraud is ignored by all Democrats. Illegal labor is ignored..even encouraged by Democrats. Free trade with communist dictatorships like China is embraced by Democrats. Poverty is rising and will continue to rise thanks to Democrats.
12:23 PM on 12/23/2011
The point you raise is interesting. But then, Arizona had to fight the Chamber of Commerce and ethnic-based lawsuits for 3 1/2 years all the way to the Supreme Court, so there must be something in the law that is effective. Let's see......maybe deterrent?
04:34 PM on 12/23/2011
There have been only a handful of employers prosecuted under SB1070. So, how can that be a deterrent if, according to conservative mantra, they come here for the jobs.
06:23 PM on 12/22/2011
Arpiao staged a publicity stunt the other day, filming all his deputies turning in their ICE credentials.

What he failed to tell was the fact that FEDERAL law enforcement officers would now be doing what these local deputies once were. Shouldn't that make constitutional conservatives VERY happy? Now all is in order. The FEDERAL government is enforcing immigration law. Where are conservatives cheering this take over of ICE functions by the duly constituted authority?
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dtairtime
It is what it is
08:55 PM on 12/22/2011
It should as long as they don't use the model of ignoring "some" illegals who are arrested based on an arbitrary and unconstitutional notion of only deporting ones who are CONVICTED of major crimes besides all the immigration related offenses.
01:33 AM on 12/23/2011
You do know there is no criminal penalty for being in this country illegally, right? The only time someone can be charged with a criminal offense for entering the country illegally is if they are nabbed as they are physically crossing the border. Anyone grabbed in this country illegally is subject to a simple administrative hearing in civil court and the penalty is deportation.

Now, as a taxpaying american citizen who certainly agrees we should live within our budgetary means and who doesn't want to see his taxes go up, where would you like to see your law enforcement dollars spent? On chasing landscapers and dishwashers who are paying taxes or on the criminal element. The answer "both" is not a choice under these budgetary circumstances.

And, oh, yes, there is no "unconstitutional notion" of only deporting the ones convicted of major crimes since this president in just 3 yearas has deported 800,000 illegals.
01:26 PM on 12/22/2011
According to the FBI a total of 1,382,012 violent crimes occurred nationwide in 2008. And there were 9,767,915 property crimes in the Nation that year. Thus, a total of 11,149,927 crimes were committed 2008. During that year the Pew Center estimated there were 11,900,000 people illegally living in the USA.

For each person illegally living in the USA there is at least one violation of the law taking place. More if you count Identity Fraud, Identity Theft, and other crimes people living illegally in the USA commit in order to work. Thus the number of people violating our law to live and work illegally in the USA in 2008 was greater than all violent and property crimes in the USA combined. Plus, we have 20 million Americans who want to work but cannot find a job. Per Pew Center and US Government statistics there are 7.2 million people living illegally in the USA who work in the same jobs that most of these unemployed Americans used to do.

In our law crossing our border illegally is a violation of Criminal Law. Overstaying a visa is a violation of Civil Law. Read Section 1325 of the Immigration and Nationality Act. So let me make sure I understand this properly - Police should avoid enforcing Criminal and Civil Law violations because they are afraid that it may hamper the enforcement of Criminal and Civil Law violations? That makes no sense.
01:37 AM on 12/23/2011
Your first 5 sentences are the most flawed piece of logic I have ever seen. You could have easily said that there are 11 million squirrels in the US and therefore infer that they are responsible for the 11 million crimes.

Based on your logic, if those 11 million people were deported 100% of our crime would be eliminated.

Stupidity is probably this country's biggest problem. Not mexicans.
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dtairtime
It is what it is
12:37 PM on 12/23/2011
Re-read his post.

He clearly stated (to those with reading comprehension) that the number of crimes committed by illegals matches and likely exceeds the total number of reported crimes in our federal FBI records.

Have you ever heard of that mark twain quote when he wrote about people opening their mouth and removing all doubt? It certainly fits you.
01:21 PM on 12/22/2011
Per the Author "but until the racial profiling and aggressive tactics he championed are no longer encouraged through state laws like Arizona's and Alabama's, or tacitly condoned by federal programs like Secure Communities, we have not yet eradicated his legacy of fear."

There is nothing like guilt by association. Arpio is aleged to be bad so everything else that even remotely looks similar must be bad too.

Nobody has yet shown how a Finger Print Sharing Database like Secure Communities can racially profile. But per Pew Center data 78% of the people living in the USA illegally are identified as Latino. EVERY definition of racial profiling relies purely on statistics. Racial Profiling is defined as proportionally many more people of one race or ethnic background being involved in something compared to their share of the RELEVANT population.

Because of the Composition of our Illegal Immigrant population there is no way ANY form of immigration law enforcement can escape the label of Racial Profiling as long as people insist on comparing arrest rates to the general US population. But our antidiscrimination law is not set up that way. The key is the term “relevant population”. No business located in a mostly Latino city that hires mostly Anglos would escape the label of discriminatory just because they compare themselves to the US population as a whole.

Do these Racial Profiling claims represent a knowing misuse of a legal concept ment to defend the disadvantaged just to shelter illegal activity? You decide.
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amva55
South Floridian in GA
02:12 PM on 12/22/2011
Asinine, through and through.
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HUFFPOST SUPER USER
dtairtime
It is what it is
12:37 PM on 12/23/2011
You certainly are.
12:47 PM on 12/22/2011
Ahhh, the old "ignore these criminals, there are worse ones over there" ploy. Sorry, only the most craven coolade drinkers fall for that one anymore.
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HUFFPOST SUPER USER
dtairtime
It is what it is
11:35 AM on 12/22/2011
Mr. Venegas,

Apparently you are unaware that the majority of unions representing rank and file officers fully support any and all actions allowing them the tools to remove criminal illegals from our country.

Of course the chiefs (read - politicians and NOT real police) associations all pander like our spineless cowards in congress to illegals at most every turn. So yuou support criminals and allowing them to continue to be criminals.

Question for you - would you pick and choose what other crimes you personally (or rather politically) feel are advantageous for you or your pocketbook to enforce?

Do you advocate this country not only ignoring a known ms-13 member until they are CONVICTED of a serious crime? Since we both know a large number of gang members are also illegals you must want that.
02:37 PM on 12/22/2011
I suppose you have evidence to support your allegation. But, in choosing to not provide any, it is reasonable to assume that your are presenting your opinion as fact. In other words, you may be lying.
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HUFFPOST SUPER USER
dtairtime
It is what it is
05:02 PM on 12/22/2011
But of course you expect me to provide documentation all the while you assume I am wrong.
http://en.wikipedia.org/wiki/Arizona_SB1070 (pan down to the law enforcement section)

http://www.kold.com/Global/story.asp?S=12624459

The reason the cops who actually do law enforcement work want these types of laws is they know a large number of people who are criminals are here illegally. Those same officers are frustrated that a person here illegally needs to be PROVEN guilty of a serious crime before their chiefs will allow them to do anything about it.

When an officer sees a known gang member who is here illegally they shouldn't have to wait until that person commits yet more crimes before they are allowed to take action. that is just common sense.

So no I'm not lying but these chiefs most certainly are and for personal gain!
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HUFFPOST SUPER USER
Tracee Collins
APATHY = COMPLICITY
09:56 AM on 12/22/2011
Excellent comparison, between a REAL law enforcement official, and a GRANDSTANDER, who's only trying to sell books to make for a cushy retirement. STRIP HIS ASSETS, and FIRE the ENTIRE DEPARTMENT, if that's what it takes to reform this agency into something like respectable.

Maybe then, crime will recede a bit, and AZ can get back a bit of its common sense. Well, at least after Corpse Bride is ousted too....
09:46 AM on 12/22/2011
Simply put: if it is determined that Sheriff Joe Arpaio and his department did something illegal, then they should face the legal consequences--no different than non-citizens facing the legal consequences of their illegal status.
01:19 PM on 12/22/2011
Oh, you can bet if holder had anything on jow arpaio he'd be in guantanimo bay right now.
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pixeloid
Reality has a liberal bias.
07:04 AM on 12/23/2011
I don't think any human should be sent to Guantanamo, but for Sheriff Arpaio, I'd be willing to make an exception. Unfortunately, that will never happen.