AZ Sheriff Plans to Bus "Illegals" to the Border after DHS Authority Revoked

PHOENIX, AZ -- Despite recently losing authority over agents from Immigration and Customs Enforcement (ICE), Maricopa County Sheriff Joe Arpaio announced Tuesday that he will "continue to crack down on illegal immigration" by enforcing state laws. He says he will arrest people who are in the country without authorization and if ICE will not take them, he will "load them on a bus and drive them to the border."

Although Arpaio's popularity has not waned in Arizona, he has become an increasingly controversial figure in the national spotlight in recent years. He houses inmates in outdoor tent-based jails, where he dresses them in striped uniforms and pink underwear, and feeds them bologna twice a day. His most controversial practices, though, stem from an agreement between the Maricopa County Sheriff's Office and the Department of Homeland Security that is authorized by 287(g), a section of the Immigration and Nationality Act. Under the agreement, county office deputies can screen inmates already booked into jails and detain and investigate immigrants outside of jail for suspicion of living or working in the country illegally.

The Department of Justice opened an investigation in March into alleged civil rights violations by the Maricopa office, which continually faces off against local groups on the issue of immigration enforcement. In August, 521 immigration rights groups sent an open letter to President Obama demanding immigration reform and specifically criticizing what they see as the administration's unwillingness to deal with section 287(g).

On July 10, the Department of Homeland Security announced that agreements made under 287(g) with all law enforcement agencies would be reviewed and standardized over a period of 90 days. The department currently has agreements with more than 60 local law enforcement agencies, covering more than 1,000 officers. MCSO has the largest contingent of protected officers, at 160, and was the first agency to sign into the agreement.

On Sept. 21, Arpaio signed an agreement that would have allowed his office to continue enforcement both inside and outside of the jails, but ICE Deputy Assistant Secretary of Operations Alona Pena called later that evening, then traveled to Arizona the following day to personally deliver a new agreement to Arpaio. This one would limit Arpaio's office from screening immigrants outside of jail. Arpaio signed Pena's new agreement and said, "They figured I'd never sign, but I surprised them and signed it," later adding, "I want to keep the jail program .... Being an ex-fed, I'll take anybody's help. even if there's just one case, it's worth having the help."

Still, Arpaio said he suspected the new agreement was indicative of the federal government's hope to oust him. "There is always an excuse to cover up their motive, which is to get rid of me .... They just don't want this sheriff to arrest illegal aliens." He added that he'd never before seen the Federal government "go after" a law enforcement agency for political reasons.

The new agreement must be signed by Oct. 15, and the Maricopa County Board of Supervisors will vote on it this Wednesday. Arpaio expressed concern at the last-minute nature of the decision, saying if the board does not approve the new agreement, his office will no longer be able to detain anyone in the county jails.

"It's interesting that all of this came to be at the midnight hour," he said, calling the developments a "conspiracy." Though he has clashed with the board on other issues, the majority of the board traditionally supports his enforcement efforts. Supervisor Mary Rose Wilcox is usually Arpaio's lone opponent.

The Maricopa County Sheriff's Office has snagged more than 33,000 illegal immigrants in the country through in-jail screening since signing the 287(g) agreement two years ago. Almost 300 people have been arrested outside the jails under the agreement, but it is the officers' behavior on the streets that has proved most controversial due to accusations of racial profiling -- charges Arpaio adamantly denies. He maintains that officers are well-trained and only stop people when they have probable cause to suspect they have committed a crime.

Arpaio said an audit was conducted of his 287(g) program after a series of crime suppression sweeps drew fire for racial profiling, and that his office received a copy of the audit "through a back door channel" after repeatedly requesting an official copy unsuccessfully for months. He said the agent assigned to the case by the Federal Bureau of Investigation reported that the only complaint to the F.B.I came from Phoenix Mayor Phil Gorder, a person Arpaio deems a "political opponent."

"The audit results prove the only reason for stripping Arpaio's office of its ICE agent status is for political purposes, nothing more," said Robert Driscoll, Arpaio's Washington, D.C.-based lawyer. He said the Homeland Security Department "knew how embarrassed it would be if this audit became public."

Arpaio conceded that street-level enforcement may not catch many hard criminals, but "it has to do with public perception. People are leaving because they are here illegally. This is a crime deterrent program." The new agreement under 287(g) however, says the priority is to detain "criminal aliens" and requires that law enforcement agencies "pursue all criminal charges that originally caused the offender to be taken into custody." The Homeland Security Department says this clause was added because of public concern about officers detaining people for minor infractions such as traffic violations.

Somos America, an immigrant rights group in Arizona, argues that section 287(g) was originally created so that local and federal immigration authorities could work together to apprehend only those people who pose a threat to the community -- those who stand accused of violent or other serious crimes. They say Arpaio is overstepping that goal.

His heavy-handed sweeps of Latino neighborhoods have led to widespread fear, deep divisions in the community, 3,500 lawsuits, a U.S. Department of Justice civil rights investigation, and a nationwide reputation as the Bull Connor of our generation.

A spokesperson for the National Day Laborers Organizing Network, a Los Angeles-based coalition of workers' groups, said Arpaio's "neighborhood sweeps" have terrorized residents, and that many fear the police.

Last week, an agency in New Jersey and two in Massachusetts announced plans to terminate their 287(g) agreements with Homeland Security. Police Chief Steven Carl, from the Framingham, Mass. Office, said, "It doesn't benefit the police department to engage in deportation and immigration enforcement. We're done. I told them to come get the computers."

Tom Kelso, county counsel for Middlesex, New Jersey said the federal government "want[s] us to do their job at the county's expense."

With two lawyers at his side, including County Attorney Andrew Thomas, Arpaio said Tuesday that he will continue his efforts to enforce immigration by detaining immigrants under three state laws: a law against hiring people who are not authorized to work in the U.S., a law that denies bail for people in the country illegally who have been charged with a serious crime, and a law that allows people who are living in the country illegally to be charged as a co-conspirator in their own human smuggling.

Ira Melman of the Federation for American Immigration Reform (FAIR) said 287(g) agreements bolster federal agents' efforts to enforce immigration laws in the country's interior. Melman told AP, "I suspect there is some effort there to send a warning to other police departments: Don't get too aggressive with this, because we will yank it out from under you."

"I'm going to continue doing everything I've been doing," Arpaio said in a press conference Tuesday, "In fact, it'll be easier not being handcuffed by the federal government. Nothing changes."

"I'm taking my fight to the streets of Phoenix," Arpaio said as he announced Tuesday that his office will do another immigration 'sweep' in two weeks, "This one will have a new twist. I have a new tool."

As for those picked up in the sweep, Arpaio said, "Those that have criminal offenses go directly to jail. Those without criminal charges will be turned over to ICE. If ICE refuses to take them, then I'll take a little trip to the border and then turn them over to the border."

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Comments

[johnr49]

The reason that so many people think Arpaio's doing a great job is the fact that, with the exception of the Phoenix New Times, no media outlets ever do any serious exposes of his methods and their effect on the community, for example, the fact that the entire Hispanic community is now so terrified of law enforcement that they are extremely reluctant to report any crimes committed against them, which have increased dramatically since Arpaio started his raids.
The voters also seem blissfully unaware that most other police agencies consider Sheriff Joe is a complete joke and a disgrace to their profession.

[Drodriguez]

A few months ago the great Sheriff Joe called the media and then shackled men, women, and children and had them walk though the streets of Phx so that everyone could see Sheriff Joe was doing his job. I can only guess how these hispanic people feel about being paraded through the streets like a bunch of animals for people to laugh at. This man is a racist and needs to be kicked out of the force. Now if people want to throw around the Nazi label well this example who do....

Read more at: http://www.huffingtonpost.com/dawn-teo/az-sheriff-plans-to-bus-i_b_312081.html

[Drodriguez]

A few months ago the great Sheriff Joe called the media and then shackled men, women, and children and had them walk though the streets of Phx so that everyone could see Sheriff Joe was doing his job. I can only guess how these hispanic people feel about being paraded through the streets like a bunch of animals for people to laugh at. This man is a racist and needs to be kicked out of the force. Now if people want to throw around the Nazi label well this example who do......

[Brittanicus]

This Sheriff doesn't pander for campaign contributions from the business communities? So because he doesn't comply with their demands, as they do, they desire him out of office? He is an ongoing danger and worst nightmare to the corporate agenda for illegal discount workers. Now he has a free hand to arrest and not no longer restrained by 287 G federal law, but can use the powers of state laws detain illegal aliens and the criminal elements amongst them. We need more Joe's tent cities and his inmate cuisine of bologna sandwiches, since being subjected to this type of incarceration will deter the most ardent inmate? Nationwide we need more inflexible officers of the law, who will not prostrate to the open border lunatics? Not the soft hands of manipulated cops who don't make waves, as they are contemplating looking towards an easy road to retirement.

[diak0n0s]

With the economy going to shreds (read some news), why would any working, tax paying American object to keeping illegals out of the country??

Please enlighten me?

[guyinAZ]

Nobody will answer you because there is no justification for allowing illegals to take jobs from Americans.

[johnr49]

So if all illegals were deported, we'd see Americans rushing to fill their jobs for less than the legal minimum wage and no benefits? - yeah, right!

[Fran1972]

I think we all want the borders nice and tight in order to keep new illegal aliens out. But Ag giants love illegal immigrants because they work for less. Reagan and Bush both had amnesty-like bills to keep that cheap labor busy in the USA. If Bush and Reagan didn't bother to get rid of them for you then please don't expect a Democrat to do it. In the big picture, immigrants make America stronger.

http://www.foxnews.com/story/0,2933,107692,00.html

[greyhound2]

Sheriff Joe should file a lawsuit against the Federal government for its failure to enforce the immigration laws which have been on the books for years. He should seek compensation for expenses incurred by the county and State in having to deal with problems incurred due to negligence and willful non-enforcement by the Federal government, as they claim to have jurisdiction. I would like to see Sheriff Joe toast the Feds bigtime.

[Matthew Kolken]

An alien encountered inside our borders is afforded a constitutionally protected right to due process of law. This requires that the individual be given notice and an opportunity to be heard with regards to any question of law relating to their ability to remain in the United States. This law enforcement officer and I use that term loosely, in basic terms is making a mockery of the United States Constitution by depriving individuals of due process of law.
That being said, there is no right in this Country to break our immigration laws with impunity, but that does not give law enforcement officers the right to act as Judge, Jury, and Hangman by vitiating the law as proscribed by Congress with respect to immigration enforcement.
I thought we were better than that... Apparently not.

[LADYDY]

You have to be arrested to go through due process. The federal government has no desire to arrest the illegals. Only when forced (by discovery of a drop house or when the van with 20 illegals in it rolls over on the freeway) does ICE come in to play. Sheriff Joe is supported by most Arizonans. The people who scream about him racially profiling conveniently forget that the problem is with Mexican and South American illegals. Of course you are going to look at Hispanics! If the problem was with Canadian illegals, he would be looking at Caucasians! Rev. Al Sharpton flew into town all blustery about "Racial Profiling". He has a one hour meeting with Sheriff Joe and when that was over he slunk out of town and has not said a peep since. what does that tell you? Arizonans don't hate immigrants, we just don't believe in ILLEGAL immigrants.

[johnr49]

Al Sharpton obviously realized that there's no reasoning with Sheriff Joe, who thinks it's fine to stop a car with a cracked windshield if the driver has brown skin, but wouldn't bother if the person was white.

[Maricopean]

I lived in Mexico for several years and as an American I can tell that there you have no rights. If you're in an accident it's your fault because you're not Mexican. If you're out and about you better have your papers with you... if not, they take you directly to the airport and put you on the next plane out of the country, and they don't much care where the plane is going.

I don't care if the immigrants come to America, just do the paper work that's required. I've had to do so in the several foreign countries I've lived in out of respect for their laws. And they should do it here as well. It's common knowledge that arresting and illegal and releasing them for a court appearance practically guarantees they'll never be seen again... at least till the next arrest in some other part of the country.

[Pippen]

Obama will grant Amnesty and so will any GOP. Amnesty is coming and it's FREEEEEEEE.

[Rodolfo Ardon]

This "law enforcement agent" (aka politician) can't even take the inmates to their court hearings...let alone that he will take anyone to the Border.

This individual preys on the ignorance of the constituents of Maricopa County

[janejoad]

I saw a documentary called "American Drug War: The Great White Hope" in which Arpaio was so proud of the fact his dogs were housed in the air conditioned building while his inmates roasted outside in tents. This old dude is past his day. He thinks he's in the "Cool Hand Luke" movie or something. That's all it takes Rodolfo, to strike fear...ignorance. Hopefully he will be voted out, he's a bloviator and a liar. He tried to say Holland was all f#?ked up because of their lax drug laws. That country never even heard of meth, they sort of stick to the herbal tthing, but here he was saying how you had to step over drug addicts on every street in Amsterdam,how dirty it was, as if one one besides him has ever been there to see for themselves.

[LADYDY]

Do you live here? I do and believe me we are not being 'preyed' upon.

[OmegaHunter]

Let me guess--you're white, right?

Maybe that's why you don't have anything to fear from this thug.

[johnr49]

So do I and, believe me, you are.

[rayvan]

The next pressident I vote for will be the one who mayes the least money from organizations
and raised on the people
This Goverment is to do as the people ask not as big companies ask.
there is not a balance between capitialism and people of the country
capitalism has become the devil.
We need to start manufacturing here and need industry back like steel
and to have our children learn it in schools.
now they are tying to take it all away and are going to try to heard us aroud like mindless zombies
and control our lives the gov is dangerous if we let them take control.
you think third world countries are bad then we are becoming one soon.

[Stuzzadelic]

The federal government wants immigration enforcement to operate completely behind the scenes, out of the public eye, like the wars in Iraq and Afghanistan - "antiseptic" and "invisible." No taxpaying legal citizens should ever hear about it or think about it, they should just continue spending all their income in the economy.

[RJ1008]

This thug rounded up US born citizens of Mexican descent too and put them in deportation proceddings before. One citizen who got deported because of this crook, took an year to come back to USA and file a lawsuit against him. So for some folks to say he is just enforcing laws is BS. As long as the "fortunate" folks who share this cop's color are not at the receiving end, it is very easy to talk about laws.

[guyinAZ]

Arpaio can only put Mexicans in deportation if they are illegal aliens. He will do the same for illegals who are white or black -- count on it!

[Non Sibi]

So, how many employers has this bigot prosecuted for hiring illegal immigrants?

If he was nearly as proficient at tracking down and jailing the employers, he likely would not have a problem with immigrants.

[MJinCanada]

I wouldn't be surprised. 33,000 illegals deported? There had to dozens of American citizens in those sweeps. The man is clearly a bigot.

[guyinAZ]

So you call Sheriff Joe a bigot based on wild guesses about false arrests he has made. That seems very bigoted of you.

[LADYDY]

Not true, only 1 I know of so far and I live in Phoenix

[fallingsky]

so you are basically saying Sheriff Joe should not enforce the laws of the state he has sworn to uphold ... Illegal immigrants are to citizens as shoplifter is to customers

[Non Sibi]

And the employers who hire illegals to keep the wages down are the pimps of the corporate world.

Is that not as illegal as crossing the border? Or do those laws not count?

[Non Sibi]

Still waiting for an answer....

[sviolette]

Illegal immigration is a federal law. Joe is a county sheriff. The feds don't enforce state or county laws and Joe isn't authorized to enforce federal laws. That's how it works. If you think it should work otherwise then you should contact your congressional leaders.

[guyinAZ]

Dude, you don't have a clue how things work. Local law enforcement is required to enforce all federal laws -- for instance: Bank robbery is a federal law too. So, if somebody robs a bank in Phoenix do you think the police should just wait until the feds do something about it?

The real reason you guys keep harping that immigration if a federal responsibility is that you don't want the laws enforced.

Personally I don't want robbery laws enforced -- especially if your bank account is one of the ones that is hit. Just call the DOJ, not the PhxPD.

[OmegaHunter]

He doesn't enforce the laws of the state, he only goes after illegal immigrants.

In fact, while he's been sheriff violent crime has risen ridiculously in Maricopa County. All the while actual arrests in those cases has fallen by over 50%. They don't even bother to fully investigate rape cases.

I know it's Wikipedia but it's all well sourced and I don't have time to post a ton of different sources so:
http://en.wikipedia.org/wiki/Joe_Arpaio#Controversy_and_criticism

Read it and weep, this dirtbag doesn't care about enforcing the law. He only cares about arresting Hispanics and brutalizing inmates.

[lungfish]

Illegal is illegal. If you jumped the border, use stolen ID and SS numbers, work for illegal employers, etc... you are a criminal... and the criminal latino gangs are thriving under this situation... and the cost to taxpayers is measured in more than money..

Last Thanksgiving Oakland, CA, for example, an illegal who had been sent back to Mexico several times crashed his giant, new pickup into a car with a family going to Thanksgiving dinner and killed the occupants. Drunk, illegal, no insurance, etc... How much did that cost us? Just one example... never mind the childbirth loop hole and other situations that cost us so much.

I am all for legal immigration and those who played by the rules deserve the breaks. Those who broke the rules don't. Why should they?

They say that they do the jobs that Americans won't do... that is pure nonsense. They do the jobs that an illegal employer who won't ask questions underpays them to do...

Stop the employers of illegals and we can stop the illegal immigrants...

[northstar11]

legals commit no crimes??

[LADYDY]

Of course they do. Doesn't matter. What part of ILLEGAL is ok?

[rayvan]

That is the crime

[guyinAZ]

That's irrelevant. If illegals were deported their crime rate would be zero. If citizens commit crimes then we should deal with them through our criminal justices system.

[rayvan]

We need about 10,000 more of him because our government can't even obey and inforce the laws which we have in place. It ts injustice the legal public and tax paying citizens.
Mexico needs to get off its butt and take care of its own people.
By the way to the people that do not know comeing here with out proper papers and not going through proper channels to become a citizen is illegal to be here.
Therefore jail and deportation is the law.
Law is for the people by the people and the Government should not be aloud to over run the law which the people have placed.
If we have a corrupt gov its the fault of the people and we need to clean house.

[MJinCanada]

I wonder how much the US economy would recover if all of the illegals currently in the US could apply for citizenship, without penalty, get social security numbers and start paying taxes.

[guyinAZ]

If you want the economy to recover all illegal aliens should be deported so that Americans can go back to work. Allowing illegals to stay here is a formula for disaster.

[rayvan]

There would be no taxes paid till their children have to work and they all would become Democrates and make it worse by letting in more and more a never ending cycle.
Let me ask you what have the last 2 amnasties done for you.
Crowd your cities with people that dont assimilate .
but good at joining gangs.
Ihave lotts of hispanic freinds and they tell me it takes at least three generations to do so.
.

[guyinAZ]

Yeah, going after employers is important. We also have to deport the aliens and stop giving them welfare and health care. When a circus turns off the rides the kiddies loose interest in coming.

[guyinAZ]

In Singapore and Malaysia employers of illegal immigrants are publicly flogged with a rattan cane.

The illegals are flogged and then deported.

These are two examples of countries that really take immigration laws seriously.

[Auburn McCanta - Huffpost Blogger]

Dawn, once again, thank you for your amazing reporting on this ongoing saga of Arizona's Sheriff Joe Arpaio. Your work is impeccable and shines a necessary spotlight on an unfortunately divisive topic.

[JEP57]

I don't think this issue is really all that devisive. The vast majority of Americans want this illegal onslaught to stop and see no problem with this sheriff actually enforcing the law.

[guyinAZ]

Exactly right. That's why Arpaio wins elections. The vast majority of Arizonans want to put a stop to the invasion, and so far Arpaio is one of the few with the courage to do so.