Sheriff Arpaio Claims He Can Arrest Illegal Immigrants Even Without Federal Authority

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Friday, October 16, 2009 at 3:36 pm

Unhappy that the federal government took away some of his powers to enforce immigration law, Sheriff Joe Arpaio of Arizona last week cited a non-existent law to support his claim that he can continue to arrest illegal immigrants on the street anyway, The Arizona Republic reports.

Under the controversial 287(g) program, Arpaio had been allowed to check a suspect’s immigration status on the street as well as in jail after an arrest, and turn illegal immigrants over to federal authorities for deportation. But given that he’s faced a slew of lawsuits for abuse of that power, plus a civil rights investigation by the federal government, DHS recently revoked part of Arpaio’s authority.

Last week at a news conference, he distributed a document that cited a law that doesn’t exist and included a legal interpretation of federal law that came from a restrictionist group that’s been called a hate group by the Southern Poverty Law Center. The Center for Immigration Studies had posted on its web site in 1999 a legal interpretation that said “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,” and that “evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens” is enough to constitute reasonable suspicion to authorize law police action. Arpaio used that language to justify continuing to arrest people he suspected of being illegal immigrants but who were not violating state criminal laws.

Arpaio had originally said he got the legal interpretation from a Cornell University Website, but a Cornell law professor told The Arizona Republic that the school’s Website contains no such thing, and that there actually is no law that says what Arpaio claimed in the document he distributed.

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aprovan
Comment posted October 16, 2009 @ 8:12 pm

GQ just published a rather damning profile of Arpaio (yeah, I wrote it, but nevertheless): http://men.style.com/gq/features/landing?id=con…

Arpaio is quoted as saying: “All these people that come over, they could come with disease. There’s no control, no health checks or anything. They check fruits and vegetables, how come they don’t check people? No one talks about that! They’re all dirty. I sent out 200 inmates into the desert, they picked up 18 tons of garbage that they bring in?the baby diapers and all that. Where’s everybody who wants to preserve the desert?”

I wrote a follow-up on GQ's blog today: http://www.gq.com/blogs/the-q/2009/10/high-noon…

So far the Obama administration hasn't given Arpaio much reason to be concerned. Homeland Security Secretary Janet Napolitano ingratiated herself to the sheriff when she was governor of Arizona, and she's still strongly supportive of the 287(g) program, which enables the MCSO (and over 60 other sheriff's offices across the country) to go after illegal immigrants. She has ignored the growing choir of complaints that the program facilitates civil-rights abuses and alienates Hispanic populations, which in turn diminishes their willingness to cooperate with the police. And according to sources with knowledge of the DOJ investigation, little is expected to come of it beyond a civil complaint, which would merely be the starting point for a lawsuit that could go on for years.


Brittanicus
Comment posted October 16, 2009 @ 8:33 pm

This is the amount of incredulous influence the–OPEN BORDER–lobbyists (business power brokers and ethnic zealots)) have on certain Democratic devious rabble? Once again the senate top echelon have huddled secretly (BEHIND CLOSED DOORS), recklessly placing E-Verify worker identification system in jeopardy. The obnoxious R-O-P-E Senate group as its being called on the Internet and nationwide, who are marked as Reid, Obama, Pelosi Emmanuel have indifferently pushed American Workers in the background, allowing the millions of illegal aliens to take their jobs. They have driven into the ground amendments from appearing in the final Homeland Security “conference committee” bill. They eradicated–ANY CHANCE–of a Senate's permanent authorization of the E-Verify program. These sleazy politicians are banqueting on the bones of unemployed US labor, without a second thought.

They have religiously under-funded, undermined the Senate's mandate to beef up and complete the final 300 mile Mexican border fence. Then again it was never the original border wall as designed by Rep. Duncan Hunter. Illegal Aliens would have first had to scale the–FIRST–fence, run across the two lane highway for the Border Patrol vehicles, then scale an identical–SECOND FENCE. Under funded and weakened just like E-Verify, the police 287(g) arrest and detainment and ceasing the massive ICE raids. Finally the ROPE group strangled the Senate (already) passed ability of countrywide businesses to run their previous hires employees through E-Verify. So you can guess this is a harbinger to drop on the AMERICAN WORKER YET ANOTHER ULTIMATELY EXPENSIVE BLANKET AMNESTY. THOSE TAXPAYERS WILL BE FORCED TO PICK UP A TRILLION DOLLAR TAB. Be advised that Reid D-NV , Pelosi D-CA have one of the largest population of illegal immigrants in the country, who they are subservient too. Remember to expend your frustration and anger at 202-224-3121on your lawmakers. They are juggling with millions of American Workers job lifeline, by pandering to people who shouldn't even be here? Even the federal program 287 g, has been curtailed,for indigenous police. Now they must fall back on state and municipal laws to apprehending illegal foreign nationals. Lets face it US government immigration was never meant to be enforced, such as the original 1986 Simpson/Mazzoli AMNESTY bill. It was rampant with corruption and fraud, carefully manipulated to be use to keep illegal out.

Sheriff Joe of Maricopa County must now draw his powers from State law, that he has sworn to upheld. But he will be accused of racial profiling and being anti-immigrant. But then we all now that Arizona like California is hardly able to breathe under massive impact of illegal labor and families who squat in each state. Why do we not see through Nancy Pelosi, who hires illegal cheap rate labor in her vineyards and concurs with a bunch of radical Liberal Marxists in Sacramento, who annually explodes the treasury in–SANCTUARY CITY AND STATE–CALIFORNIA, for free handouts for illegal aliens who have settled there. Then they are continuously re-elected in a none verification atmosphere of illegal voters, who just have swamped the ballot rolls.

MY SUGGESTION IS DON”T BUY ANY SERVICES FROM BUSINESS THAT DOESN'T DISPLAY THE E-VERIFY PLACARD. Remember the real conniving happens in rooms hidden from the public awareness in conference committees. In addition, Remember Harry Reid as an incumbent Senator who carries the ugly stain of being anti-American Worker, Anti-Sovereignty must not be re-elected. Speaker Pelosi must go? So must Emmanuel? They have proved they cannot be trusted As NUMBERSUSA president says,” With no chance now of E-Verify dying in any minute, because they couldn't annul the 3 year extension? The pro-amnesty forces no longer can try to use it as a bargaining chip. States, counties, cities and businesses can now be quite confident that they can set policy based on the E-Verify program being around.” IT'S NOT PERMANENT YET NO THANKS TO ROPE. This group has given preference to illegal workers instead of the 15 million authorized AMERICAN WORKERS. COMPREHEND MORE OF THE CORRUPTION THAT CANNOT BE DENIED BY POLITICIANS AT JUDICIAL WATCH. NUMBERSUSA will explain in detail the consequences, that includes the 2010 Census, Health Care, ACORN, Local police alien enforcement, hidden welfare programs, Anchor babies-Birthright citizenship, criminals amongst the illegal immigration occupiers. CAPSWEB for OVERPOPULATION information. Read the immigration enforcement–GRADING–of each and every one of them at NUMBERSUSA. Currently undercover of darkness the Democratic administration is arranging a–SOCIAL SECURITY–totalization agreement between US and Mexico.


the_bajarat
Comment posted October 16, 2009 @ 9:55 pm

Illegal aliens are criminals and parasites, one and all. Their very presence here and practically everything they do on U. S. soil is illegal. They need to be ferreted out, rounded up like cattle, punished for their numerous crimes, then booted back to whence they snuck in from with such extreme prejudice that they will never, ever think of violating our sovereignty again. Enough is enough.


dprosenthal
Comment posted October 17, 2009 @ 5:01 pm

I can almost understand not being allowed to stop people at random to check on immigration status, but why the restriction on this procedure when one has been arrested on other charges? Should we do away with finger printing and DNA testing? The very fact that one is here illegally is a crime – if he is also involved in criminal activity here, why would we NOT deport him? It's expensive enough to bring to trial and maintain in prison our own home-grown criminals. Let their native countries deal with them – we have enough problems.


Adam
Comment posted October 17, 2009 @ 7:59 pm

One surprising thing about 'green' lefties is how they ignore the fact that mass immigration is the single, preventable cost of population growth in the developed world, in turn causing urban sprawl, loss of wild habitats and farmland (and, hence, higher food costs), along with stress on freshwater supplies. The pro-labor contingent also overlooks the effect illegal (AND legal) mass-immigration has on depressing wages and increasing the costs of living (food and real estate prices).

There's a simple explanation for this: fear of the 'racist' label and philanthropic payolla. Of course, most of the immigrants to America, Canada, Australia and Britain are People of Colour. Mustn't be a biggot–just let 'em all in. Also, the 'environmental' groups are all paid-off to ignore this issue. The Sierra Club accepted nearly $100M, from David Gelbaum, on the condition that they NOT discuss immigration. Canada's David Suzuki Foundation gets most of its funding from the huge banks RBC and BMO-Financial, who've lobbied for nearly DOUBLING Canada's already unsustainable immigrant intake. Thus, the link between immigration and urban sprawl is a taboo topic.

Aside from sweatshops and house staff-seeking rich folk, the only sectors of the economy that NEED mass immigration are the real estate/developer, construction and financial sectors. More warm bodies means more housing, associated infrastructure (roads, schools) and the financing behind them (mortgages, REITs). This is why Dubya (bank-funded) and the Democrats (construction sector-funded) supported the No Mexican Left Behind amnesty bill.

Rather than whining about Sherriff Arpaio's efforts, environmentalists and left-wing, pro-labor activists should cheer him on. Something everybody should also do is rat out snooty rich people to the immigration authorities for hiring illegal immigrant labor.


chrisjay
Comment posted October 17, 2009 @ 8:48 pm

tell it to dodderin' Lou Dobbs.
As for your caricature of all Greens as 'lefties'—-that's a stale paradigm.
Greens are a little more articulated than that these days. They are rife in the technology sector, they deal with trade issues such as imported produce versus locally-grown produce; 'they' dont really fit the 'bleeding-heart' and 'urban' stereotypes which you belabor. I might add that your stereotype about green hypocrisy regarding growth and sprawl is also quite 2 dimensional: Between the coasts is this whole mysterious “flyover” region which is largely experiencing the opposite of growth. Immigration is a much more complicated issue in regions where local economies are becoming alarmingly dependent on influxing immigrants.
Additionally, your cartoonesque conception of organized labor's positions on immigration is WAY out of date.


Adam
Comment posted October 18, 2009 @ 6:15 am

Unions have a schizoid nature. On one hand, they represent their workers; on the other, they're some of the biggest institutional investors. Union pension funds are, in many cases, absolutely MASSIVE, with investments in many of the low-wage industries the laborites claim to abhorr. The small and medium-sized business community (those COC types–like my cute acronym?) enjoy el cheapo labor that they can threaten to send back. The biggest beneficiary of immigration (legal, or not) is still housing construction. You can't keep a real estate bubble inflated, unless you keep the population growing. If the population stays static, so too will the boundaries of developed areas.

Overpopulation is still a taboo topic for both bible-thumping GOPers and lefties phobic of being called racists. While the right denies that overpopulation and urban sprawl are even issues, the left pretends that they're caused by anything other than fecund third-worlders pouring over the border.


Adam
Comment posted October 18, 2009 @ 6:23 am

Yeah. 'Racial profiling' really is too much, but illegals caught by other means should be sent back, PERIOD. Not, too, that it's mostly major cities (LA, NY, Portland) where cops weren't allowed to check on perps' immigration statuses. This is likely because of the undue influence of the developers and construction firms on local governments (every illegal is another home/school/road-filling warm body).


Adam
Comment posted October 18, 2009 @ 6:27 am

Better yet, go after the business interests behind No Illegal Left behind: construction firms, real estate developers, financial companies, factory owners. Hiring illegal aliens should result in jail time for employers/corporate officers, plus the confiscation and liquidation of their assets.


chrisjay
Comment posted October 20, 2009 @ 7:39 pm

Yep, them pesky fecunders cause problems everywhere—like in Israel where the Jews are horrified how much more rapidly the Palestinians are replicating!
They seem to replicate no matter where they are! I guess you could try serilizing 'em all but that's a BIG job…


babu Lal
Comment posted October 26, 2009 @ 2:14 pm

Let history be preserved , Israel is not a country but created by British off Palestine, the Zionist provoked a 6 day war and confiscated more teroteries from Arabs and Palestine with American fire-power, so the Zionist are occupying a foreign country and will live in fear forever. .Actually, the Jews are illegal immigrant in Palestine. They are the most inhuman species on this hemisphere.


Babu Lal
Comment posted October 26, 2009 @ 2:29 pm

If either your Mama or Papa is a Red Indian you still have no right to makes such a racist comment. Get a reality check of yourself, see what smorgasbord of breed you belong to. You sound more like a crossbreed from a Mexican and French. I hope your name in not RETARDO. I hope you go the concept.


John41
Comment posted November 9, 2009 @ 6:11 pm

Isn't the illegal immigrant trespassing anywhere they go? Seems to me he doesn't need obscure legalities to continue to rid his community of the illegal alien. The cost in California has been immense, schools, hospitals, jails, we all feel the burden of people that we can't afford. I see no other option but to remove the illegal. Arpaio is leading the way and should be thought of as a Patriot.


Jackie
Comment posted November 27, 2009 @ 11:59 am

I don't think arpaio should be taking people off the streets and aressting them he is just a mest up white man how would he like it if we took his parents or relatives that's what he'd get for being so mean and nobody likes how he's sweeeping people off the street like that he should get fired and if obama was a real president he should stop this idiot and plz fire him or send him back where he was f***** born.


Hey Joe, Where You Going With That Gun In Your Hand? « Around The Sphere
Pingback posted February 1, 2010 @ 3:54 pm

[...] Rights Division for alleged illegal profiling in his immigration crackdowns. The federal government recently took away some of his power to enforce immigration laws — Arpaio cited a non-existent law to claim he could keep arresting illegal immigrants on the [...]


tomgr
Comment posted March 4, 2010 @ 6:27 am

Illegal is illegal. If you're in the country against the law, you're against the law. White has nothing to do with it. That's a racist comment. Those illegals don't pay their taxes that build our roads and provide our nation structure and therefore I am paying for them to live here. Get papers, pay your taxes or GTFO.

So are you saying that if someone who is your family member breaks the law they shouldn't bet arrested?

That's just stupid.

They're breaking the law and they need to go back to their countries. If they want to live here they need to try again the right way.


tomgr
Comment posted March 4, 2010 @ 11:27 am

Illegal is illegal. If you're in the country against the law, you're against the law. White has nothing to do with it. That's a racist comment. Those illegals don't pay their taxes that build our roads and provide our nation structure and therefore I am paying for them to live here. Get papers, pay your taxes or GTFO.

So are you saying that if someone who is your family member breaks the law they shouldn't bet arrested?

That's just stupid.

They're breaking the law and they need to go back to their countries. If they want to live here they need to try again the right way.


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SIMPLEMAN1776
Comment posted July 9, 2010 @ 7:56 pm

WE'RE TAKING BACK AMERICA.

ANY LAW THAT CONFLICTS WITH THE CONSTITUTION IS NULL AND VOID AT IT'S INCEPTION.

SECURING THE BORDER IS A FEDERAL OBLIGATION, IF THEY REFUSE TO DO IT, THE STATES AND THE PEOPLE RETAIN THE AUTHORITY TO DO IT THEMSELVES.


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