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Marielena Hincapié

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Department of Justice Lawsuit Against Arpaio Sends Strong Message

Posted: 05/13/2012 8:55 am

Just one day after some members of the House of Representatives voted to prevent the U.S. Department of Justice (DOJ) from doing its job by prohibiting funding for its lawsuits challenging state anti-immigrant laws like Arizona's SB 1070, the DOJ sent a strong message that it is still very much in the business of administering justice. The federal government's announcement that it filed a lawsuit against "Sheriff Joe" of Arizona is welcome news for anyone with brown skin or a Spanish accent in Maricopa County. The lawsuit describes systemic discrimination and mistreatment of Latinos that sends chills down the spine of those of us who believe in the rights enshrined by our Constitution.

Sadly, Joe Arpaio isn't the only law enforcement official to systemically mistreat Latinos and others who appear to be "foreign." I had the privilege of participating in a delegation organized by the We Belong Together campaign, and heard the chilling testimony of courageous women like Juana Villegas who was shackled and detained while giving birth after being arrested for a minor traffic violation by Davidson County sheriff's deputies. The DOJ lawsuit will hopefully deter similarly emboldened law enforcement officers from New Haven, Connecticut to New Orleans, Louisiana , who have engaged in discriminatory behavior against Latinos and others, treating them as second class citizens or detaining them in subhuman conditions.

Fortunately, the Maricopa County Sheriff's Office and others engaging in such discriminatory and retaliatory conduct are outliers. Most law enforcement officers I've spoken with believe in community policing and understand that they cannot do their jobs if immigrants do not trust the police enough to come forward to report a crime either as a witness or victim. Most law enforcement officers know they need strong relationships with the immigrant community in order to ensure everyone's safety.

Unfortunately, it only takes one Sheriff Joe to sever ties between law enforcement and immigrant communities across the nation. As a result of the Maricopa County Sheriff's Office's actions, Latinos in Arizona have concluded, and not without reason, that law enforcement is not to be trusted. Over the past few years, the Maricopa County Sheriff's Office has allegedly engaged in the following actions with impunity:

- Stopping a woman who was 5 months pregnant, demanding that she sit on the hood of the car, and grabbing her arms and slamming her, stomach first, into the automobile three times when she fails to comply.

- Calling Latinos detained in the Maricopa County system "wetbacks," "stupid Mexicans," and "fucking Mexicans."

- Advancing paranoid "reconquista" theories about Latinos and immigrants.

These are only a few of the truly heinous allegations DOJ documented in their complaint, which paints a particularly disturbing picture of what happens when an organization that purports to eschew racial profiling asks simply for the public to trust that they are following the letter of the law when asked for proof of their behavior.

Not surprisingly, proponents of SB 1070, Arizona's notorious racial profiling law, offer the same blithe "trust us" response to community members who voice concerns that SB 1070 will cause those of us with brown skin or an accent to be detained or harassed by law enforcement, simply because we fit someone's description of "foreign."

The DOJ lawsuit serves as a strong reminder to all of us that we should not institute policies, practices, or laws that leave our constitutionally-protected rights vulnerable to such rampant abuses. Sheriff Joe and his counterparts across the country take advantage of state laws like SB 1070 and federal policies like Secure Communities that enable racial profiling to occur to advance their discriminatory agenda.

DOJ's continued efforts to enforce our civil rights and ensure that states and localities do not undermine our constitutional rights are commendable. The Department of Homeland Security should act in concert and terminate Secure Communities, especially in places like Maricopa County and New Orleans Parish, where DOJ has found patterns of racial profiling. Homeland Security should also terminate Secure Communities in states like Arizona, where SB 1070 is promoting the same type of racial profiling. By ensuring that complementary policies are working in concert, the federal government can help restore a sense of community among law enforcement and all those they're sworn to protect and serve.

 
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voyager48
Illegitimi Non Carborundum
01:32 PM on 05/19/2012
"Most law enforcement officers I've spoken with believe in community policing and understand that they cannot do their jobs if immigrants do not trust the police enough"

How about illegal immigration policing - where most citizens feel that they cannot trust the feds enough since they do not do their job and police our laws?
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voyager48
Illegitimi Non Carborundum
01:25 PM on 05/19/2012
1. Reasonable suspicion and probable cause are the foundation of ALL law enforcement saying it does not work for immigration law means that there is no racially neutral means to enforce ANY of our laws! Simply not true!
2. Illegals are not always the "best and brightest or model citizens that any country would be lucky to have. How many of our citizens are shackled to their bed while giving birth??? Was she belligerent or what was the real reason? If it truly was only because she was an illegal - she would have a viable law suit. (crickets....?)
3. An illegal in AZ has better protections under SB1070 against racial profiling than under federal law!
4. LAPD Special Order 40 - the supposed illegal immigration silver bullet founded on the argument that enforcement creates a divide between the community and police making it harder to do their job. SO40 says that someone may not be stopped with the sole purpose of determining status. Many AZ PD's have the same policy and SB1070 does not impact that at all!
5. Secure communities is backed by federal laws and ALL states do not have an option.
6. Real ID is in the pipeline and with the new photo provisions in E-verify enforcement momentum is building.
7. The Morton Memo confirms that there is and cannot be prosecutorial discretion! ANY illegal is subject to the full force of our laws and at best the execution of prosecution might be delayed.
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RUKidding0
Freedom is Fundamental
10:40 AM on 05/14/2012
Department of Justice Lawsuit Against Arpaio Sends Strong Political Message to any Opposition - the Full Force of the Federal Government Will Be Employed as a Political Arm of the Obama Administration to Ensure His Re-election
09:21 AM on 05/14/2012
With Eric Holder leading the charge, along with his Solicitor General who handled the Obamacare case and the argument agains the AZ immigration law, what could go wrong? The odds are they couldn't totally embarrass themselves in 3 high profile cases in a row, right??
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voyager48
Illegitimi Non Carborundum
01:35 PM on 05/19/2012
Typical spaghetti tactics? No plan or justification - but just keep throwing stuff at the wall and hope like hell some of it will stick!
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Javahead Johnson
Constitutional Hippie, Crash landed in AL.
06:27 AM on 05/14/2012
I think the point to me is simple, the Bill of Rights. How's it go "shall remain free from unreasonable search and seizure in home and person" forgive me if it's not correct,it's been awhile, but I believe that's the jest of the statement. Clearly, there is a violation if even one citizen is arrested, unduly.
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HUFFPOST SUPER USER
Seven Teenatheart
Tolerance, peace, and sanity. Be your own person.
01:38 AM on 05/14/2012
Violent crime rises in Maricopa County year after year (it's gone down in AZ's other counties):
http://washingtonindependent.com/91520/violent-crime-is-down-in-arizona-up-in-sheriff-joe-arpaios-county. This shouldn't be blamed on illegal immigrats, since Maricopa is NOT a border county, and the border counties have lower violent crime rates.

Sexual assault allegations are mishandled by the hundreds:
http://www.phoenixnewtimes.com/2012-02-16/news/joe-arpaio-s-office-says-to-hell-with-the-children/

So, what has Mr. Arpaio really done for Maricopa?
Where is the measurable benefit?
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HUFFPOST SUPER USER
Seven Teenatheart
Tolerance, peace, and sanity. Be your own person.
01:18 AM on 05/14/2012
"Ernest Atencio Dies: Latino Army Vet Taken Off Life Support After Being Critically Injured While In Custody Of Sheriff Joe Arpaio"
http://www.huffingtonpost.com/2011/12/19/arpaio-controversy-latino-vet-injured-dead-dies_n_1158637.html
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HUFFPOST SUPER USER
hammerhead6154
Republican Bar Laying In 6 Inches Of Mud
08:24 PM on 05/13/2012
Arpaio breaks the the very laws he sworn to uphold .. This man should step down ..
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voyager48
Illegitimi Non Carborundum
01:38 PM on 05/19/2012
Nothing has been proven against Arpaio yet despite years of him being targeted by the feds.

Yet the feds are in clear and wide scale violation of their obligations by not enforcing immigration laws! Why are you not asking them to step down?
07:58 PM on 05/13/2012
"The Department of Homeland Security should act in concert and terminate Secure Communities"

And this. And that. And everything. Behind the ostensible "those of us who believe in the rights enshrined by our Constitution" sanctimony, the true motivation: opposition to immigration law and every conceivable form of its enforcement.


"we should not institute policies, practices, or laws that leave our constitutionally-protected rights vulnerable to such rampant abuses."

EVERY law is vulnerable to abuse. We don't turn to anarchy just because of that. These anti-immigration law activists would throw out the entire limited immigration system. It's obvious they just don't want to limit immigration because there will never be a way to enforce that meets their unreasonable standards. They aren't just against but outraged by literally every enforcement program. If you're against every form of enforcing a law, you're really just against that law. Notice how they never say, "Instead, we could enforce the law this way"? It's just opposition, opposition, opposition...and no solutions. That's why it's so ridiculous when they say "the system is broken": the LAST thing they want is a system that works in limiting immigration to the letter of the law.
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HUFFPOST SUPER USER
BeasTT
06:25 PM on 05/13/2012
Joe has been the elected Sheriff for decades, it doesn't sound to me like too many people really hate him all that much.
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HUFFPOST SUPER USER
Seven Teenatheart
Tolerance, peace, and sanity. Be your own person.
01:36 AM on 05/14/2012
If he's breaking the law - then he needs to be brought to justice.
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voyager48
Illegitimi Non Carborundum
02:54 PM on 05/19/2012
IF!

But he has been tried and convicted in the media because of the pro-illegal hysteria. Immigration law is clear and they do not have a case. All they can do is to try to muddy the water to create confusion (Case in point), try to sanitize their issues and actively demonize the other side of the equation.

Agreed - If the DOJ has a case then let them prosecute him like anyone else. If he is guilty then it will come out, but the feds have been after him for many years and so far - nothing except a lot of hysteria, noise and gnashing of teeth.
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HUFFPOST SUPER USER
Dh Barr
Bringing Clues to the Clueless
03:18 PM on 05/13/2012
So here are the Government's own statistics on illegal immigration:
http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2011.pdf

By the Governments' own stats, Mexico is the #1 source of illegal immigrants, followed by El Salvador, Guatamala and Honduras which combined represented 8.36M (or 72%) of the 11.5M counted by the Census. The US has the above statistics broken down by age, sex, country of origin, and creates an interesting PROFILE of the "unauthorized immigrant population".
SO - if we are interested in stopping illegal immigrants in a county 150 miles from the mexican border, and police make stops and conduct immigration checks, the people detained will be overwhelmingly:
a) Norwegian
b) French
c) Chinese
d) MEXICAN.

Here is a trick "profiling" question. You are a law enforcement officer in Arizona. As such, you know that it is a requirement that applicants for US citizenship be able to read, write, and speak ordinary english unless they are physically unable to do so because of a disability. You come upon 4 young men walking down a road in the middle of the desert carrying backpacks and jugs of water. You stop to see if they are in need of assistance, and none of them speak english. Do you check their immigration status?
cynt77
Stop The MADNESS!
05:39 PM on 05/13/2012
Maybe, in AZ, English is requirement. In Florida, citizenship oath is administered in English AND Spanish.
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HUFFPOST SUPER USER
Dh Barr
Bringing Clues to the Clueless
11:17 PM on 05/13/2012
English proficiency is a federal requirement for filing form N-400 - (the application for US citizenship).
http://www.immigrationdirect.com/us-citizenship/U-S-Citizenship-application-Form-N-400.jsp?r=ga-cpc-cit_us-us_citizenship_requirements:m=e&gclid=CNm6j5Xo_q8CFUSK4Aoda0igHg
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voyager48
Illegitimi Non Carborundum
03:10 PM on 05/19/2012
Immigration is not anew issue and reasonable suspicion and probable cause are the foundation of all of our law enforcement. an overwhelming body of precedent exists in case law over many decades showing the city and state police are perfectly entitled to enforce civil and criminal provisions of federal immigration laws. AND demonstrating that reasonable suspicion and probable are just ways cause to enforce immigration laws and that asking someone questions relating to their immigration status is not a violation of their rights.

It is only because the illegals know they do not have a case that they are desperately trying to manufacture one in the media through misdirection half stories and false logic.

The bulk of SB1070 is highly likely to stand. There are states waiting for the ruling and will weigh in once it is given - so expect a wave of similar legislation. Secure communities is backed by federal laws and is not really and option. E-verify now has photo ID requirements and Real ID is in the pipeline. All of this means that enforcement momentum is building.

A few facts:
- AZ has double the national average percentage of illegals (1 in 18 vs 1 in 38).
- 1 in 5 AZ Hispanics is illegal.
- 50% of all illegals enter the country through AZ.
- 80% of illegals are Hispanic.
- 60% if illegals are from Mexico

This is not racial profiling but a fact - the greater majority of illegals caught in AZ WILL
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tnkeating
Dyslexic agnostic insomniac
12:23 PM on 05/13/2012
So...When did you ever trust law enforcement? Even I, as a white citizen of this country don't trust law enforcement. If your a citizen and can prove it you have no problems, the obvious solution is to ask everybody that gets pulled over for proof, that way no one or everyone is profiled. The DOJ is a bigger joke than law enforcement.
04:56 PM on 05/13/2012
Every one that is pulled over in USA is requested to provide proof of identitiy-white or otherwise---the crap on here is pure bs. If you lost your wallet yesterday cops give you 24 hrs to bring info in to the courthouse or sheriff's office. If you fail to show "Dog the Bounty Hunter May Come for You".
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HUFFPOST SUPER USER
Seven Teenatheart
Tolerance, peace, and sanity. Be your own person.
01:10 AM on 05/14/2012
They ask for a driver's license and proof of insurance. Not a greencard, visa, or passport.

What if you were pulled over and had to prove your citizenship, because you happened to have an accent, dark hair, or dark skin?
And you didn't have your passport on you?
In Maricopa County, that could be an ugly experience......
This user has chosen to opt out of the Badges program
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creativ786
independent of the left a centrist for life
12:22 PM on 05/13/2012
the same DOJ under investigation and ready for contempt charges
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traceymarie
the President is black, deal with it
02:37 PM on 05/13/2012
for what, defending civil rights of Pregnant American women
HUFFPOST SUPER USER
BlairCase
11:00 AM on 05/13/2012
Maricopa County has defended itself from similar lawsuits by showing that the racial and ethnic disparity in police stops is the result of concentrating police assets in high-crime areas. As long as police departments concentrate recources in high-crime areas rather than low-crime areas, there will be racial and ethnic disparities. The New York City Police Department uses the same argument to defend its "Stop and Frisk" program, which produces even greater racial and ethnic disparities. The Justice Department lawsuit will collapse if the Supreme Court rules, as expected, in favor of Arizona SB 1070.
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traceymarie
the President is black, deal with it
02:38 PM on 05/13/2012
Pregnant American women being assaulted and hand cuffed, American men beaten and arrested for being hispanic....that is not justice or legal
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inthedesert
Those who never question will fall for anything.
10:34 AM on 05/13/2012
This lawsuit is nothing more than "political theater" in an election year. That's about it. Whatcha wanna bet the Holder drags this out till after the election to garner some latino votes? And whatcha wanna bet that when BO loses in November, this whole thing will just quietly go away?
11:10 AM on 05/13/2012
inthedesert, did you ever graduate from grade school?
12:22 PM on 05/13/2012
Americanwhoserved,

Did you answer the questions from @Inthedesert's questions, or just want to call names? From what I can read, you did the latter. Which begs the question why your comment was allowed by HuffPost. Oh, that's right. They would agree with anything that defends the Obama Administration. Forgot that.
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HUFFPOST SUPER USER
happyvalley6417
Searching for the truth
11:51 AM on 05/13/2012
What is so sad about your statement is that living in AZ ,you have seen first hand the proud attitude and smug face of Arpio...not that he has done something good, but for the pride of his power. If he really wanted to do his job he would have started with the employers and not the people who have done nothing wrong but tryito feed their family. He is a BULLY!!! period. All for show and power, just like the gov.. You being in the desert know this unless you have some anti feeling for those just trying to get by like you.