Department of Homeland Security Secretary Janet Napolitano (Photo: Flickr/The National Guard)

Former members of a task force on Secure Communities sent a letter this week to Department of Homeland Security Secretary Janet Napolitano calling on her to suspend the immigration enforcement program.

The letter also expressed their concern that an Arizona law enforcement agency that has committed a “wide range of civil rights violations” still has access to Secure Communities.

Brittney Nystrom of the National Immigration Forum and Andrea Zuniga DiBitetto of the AFL-CIO write in the letter:

As former members of the Homeland Security Advisory Council, Task Force on Secure Communities, we note with concern the multiple findings of racial profiling of Latinos and other civil rights violations by the Maricopa County Sheriff’s Office released by the Department of Justice (DOJ) on December 15.

The findings of a pattern and practice of racial profiling of Latinos in Maricopa County, Arizona, demonstrate that abuse can occur while the Department of Homeland Security (DHS) is actively collaborating with enforcement agencies through both the 287(g) program and the Secure Communities program and through informal collaboration between DHS and law enforcement agencies.

“My understanding is that [Immigration and Customs Enforcement] is continuing to operate Secure Communities in Maricopa County despite the findings of discriminatory policing by that sheriffs department,” Nystrom tells The Florida Independent.

Secure Communities allows local law enforcement agencies to check the fingerprints of people they detain and match them up with federal immigration and criminal databases, with the stated goal of deporting undocumented immigrant criminals. All 67 Florida jurisdictions participate in Secure Communities.

Napolitano said in October that the termination of Secure Communities “would only weaken public safety, and move the immigration enforcement system back towards the ad hoc approach where non-criminal aliens are more likely to be removed than criminals.”

Opponents of Secure Communities have repeatedly called on the Obama administration to end the fingerprint-sharing program because immigrants who have committed no crime are being detained and deported, leaving behind U.S.-born children and families that, in many cases, will struggle to make ends meet.

Nystrom says that Homeland Security officials said they were “limiting” the Maricopa sheriff’s office’s “access to Secure Communities, but that in [her] thinking and Andrea’s thinking doesn’t go far enough to prevent someone who was picked up in a biased manner from being put into the deportation machine.”

The letter adds that the Secure Communities termination should also include Alabama, “where immigration enforcement laws that have been challenged as unconstitutional by the Department of Justice are in effect.”

Sheriff Joe Arpaio (Photo: Flickr/Gage Skidmore)

Homeland Security writes:

The Department of Homeland Security (DHS) is troubled by the Department of Justice’s (DOJ) findings of discriminatory policing practices within the Maricopa County Sheriff’s Office (MCSO). Discrimination undermines law enforcement and erodes the public trust. DHS will not be a party to such practices. Accordingly, and effective immediately, DHS is terminating MCSO’s 287(g) jail model agreement and is restricting the Maricopa County Sheriff’s Office access to the Secure Communities program. DHS will utilize federal resources for the purpose of identifying and detaining those individuals who meet U.S. Immigration Customs Enforcement’s (ICE) immigration enforcement priorities. The Department will continue to enforce federal immigration laws in Maricopa County in smart, effective ways that focus our resources on criminal aliens, recent border crossers, repeat and egregious immigration law violators and employers who knowingly hire illegal labor.

A Department of Justice report released Thursday found that Arpaio, an advocate for controversial immigration enforcement and detention measures, has committed a “wide range of civil rights violations.”

The Department of Justice states that the ongoing civil rights investigation of the Arpaio’s office found “reasonable cause to believe that MCSO, under the leadership of Sheriff Joseph M. Arpaio, has engaged in a pattern or practice of misconduct that violates the Constitution and federal law.”

“We are pleased the Department of Justice report compelled the Department of Homeland Security to take steps today that should have been taken years ago,” said Chris Newman, Legal Director of the National Day Laborer Organizing Network in a written statement.

The Network adds:

As the DOJ report implies, DHS was an accomplice in the rights violations caused by Maricopa County Sheriff Joe Arpaio. DHS enabled Sheriff Arpaio to conduct his reign of terror, and expansion of the Maricopa Sheriff’s approach led to SB 1070 and to the potential Arizonification of the country. Today, the Department of Justice again acted to clean up the mess caused by failed DHS policies that enlist local police into the business of enforcing unjust immigration laws. It is time for DHS to stop contributing to the civil rights crisis described in the DOJ report and end the programs that made Arpaio’s crimes possible.”

The National Immigration Forum writes that the “Justice Department findings confirm what the American public had already suspected: Sheriff Arpaio has been more concerned with headlines than the Constitution and the law,” adding that they “also hail Department of Homeland Security Secretary Janet Napolitano’s prompt termination of the MCSO’s 287g agreement, which delegates authority for immigration enforcement to local officials, and restriction of the MCSO’s access to the Secure Communities program.”

Immigrant advocates across the U.S. have denounced Secure Communities, a highly controversial federal immigration enforcement program critics say contributes to racial profiling, demanding that the Obama administration terminate the program immediately.

Photo: Sheriff Joe Arpaio (Flickr/Gage Skidmore)

Choose Liberty will take place in Orlando on Nov. 12 as part of a series of events organized by conservatives to “start our march towards November 2012 and taking our country back from the hands of the progressives.”

Joe Arpaio states on his website, “I have asked my deputies to train with the federal government so they may help in the fight against the illegal immigration. Today, I am proud to say I have the largest contingency of cross certified law enforcement men and women (160 of them) who are out patrolling in an intensified effort to bring illegal immigrants to justice.”

He adds:

An illegal immigrant breaks the law – local police bring them to jail and charge them with the crimes they committed on the streets. My detention officers take things a step further. They are now trained to follow up with each of those arrested and, if the arrestee is found to be in the country illegally, my officers charge him/her with that crime as well.

Arapaio, who created “Tent City,” writes:

Today, there are about 2000 men and women living in Korean War tents that we received for free from the U.S. military. Inmates sleep in bunk beds, twenty to a tent. They have full access to showers and port-a-johns.

We supply fans and ice water in the summer because temperatures inside the tents can reach as high as 140 degrees. In the winter, when it’s cold, inmates are issued an extra blanket.

A 2009 Time magazine article points out that Arpaio — who this week called on President Obama to release his birth certificate microfiche — “has faced numerous complaints from Amnesty International, the ACLU and other rights groups. His office is being investigated by the Justice Department for alleged discrimination and unconstitutional searches and seizures.”

Americans for Prosperity, which helped organize Choose Liberty, “is an organization of grassroots leaders who engage citizens in the name of limited government and free markets on the local, state, and federal levels.” The group has received millions of dollars from the controversial Koch brothers.

According to Florida Political Press, founded by Florida tea party activists, “the left is planning to keep us in bondage with increasing debt, excessive spending and tougher regulations on individuals and companies.”

“What we need to do is first secure the border,” Bachmann said before the meeting with Maricopa County Sheriff Joe Arpaio Wednesday, according to KTAR. “We need to deal with that issue first. Deal with all the inducements that are out there and then move on from there.”

Arpaio has drawn condemnation from civil liberties groups and accolades from conservatives for his treatment of illegal immigrants and jailed offenders. His tactics have included the creation of a “Tent City” to house alleged offenders that he’s referred to it as a “concentration camp.” He’s also gained notoriety for serving inmates spoiled and inadequate food, as well as forcing them to wear pink underwear.

Bachmann called Arpaio “a great guy,” and said that “anyone would want his endorsement.” In fact, Arpaio has also been wooed by former Massachusetts Gov. Mitt Romney and Texas Gov. Rick Perry, according to CBS.

Arpaio is scheduled to appear in Iowa this weekend, the Iowa Independent reports.

Arpaio faces own election fight this November. He is being challenged by Sheriff Harvey DeSotel—a former Linn County deputy. He also faces Greg Graver, chief deputy in the Jones County office, and Scotty Shover.

Allegations of voter fraud are mostly baseless, but they still get plenty of attention. Arizona Secretary of State Ken Bennett said last week that there was no proof of widespread or systematic voter fraud. At issue, apparently, was the large number of voter registrations by Mi Familia Vota, a national organization that encourages Latinos to vote. But the group did not submit fraudulent registration forms — an Arizona TV station reported some requests for early voting were rejected, but only because the applicants were already registered to vote early.

ALIPAC President William Gheen is not convinced. “Democrats are trying to limit their losses on Election Day by cheating and encouraging illegal aliens to vote in the 2010 elections, which by the way is a felony!” he wrote on the group’s website.

That claim was picked up and legitimated by Fox & Friends, as Wonk Room pointed out today:

CARLSON: Just in time for the election, the Justice Department is sending election observers to the state. You ask why? Well, they say they are worried that there may be some sort of discrimination going on against Hispanic voters. But, William Gheen, said he knows exactly why they’re coming. Here’s what he says: [...] [Reads quote.] That’s quite an accusation coming from that particular group.

KILMEADE: So in his mind they’re sending out observers to turn their back, to allow people to vote in elections where they don’t belong in.

DOOCY: They’re looking for volunteers to do some patrolling, essentially recruiting them to block illegals from voting. See that’s the problem. They say “illegals should not be voting,” but it’s relatively easy in a number of states for illegals to vote. Particularly in Arizona. All you gotta do is show a water bill, a heat bill, you got a library card, a driver’s license, all stuff you can get if you are in this country illegally. So, that’s why they’re doing that and Hispanic groups are steamed.

There are several major problems with this. First off, it’s untrue: Arizona requires voters to have a government-issued ID, which illegal immigrants cannot receive in Arizona because they cannot be issued driver’s licenses.

But beyond that, the idea of widespread efforts by undocumented immigrants to vote could easily lead to voter intimidation. Ban Amnesty Now, an anti-illegal immigration group, sent out an email signed by Maricopa County, Ariz., Sheriff Joe Arpaio asking volunteers to man the polls to watch for illegal immigrants trying to vote. Arpaio said he did not give the group permission to send the email in his name and cut his ties to the group, of which he was previously co-chairman. In Texas, the King Street Patriots have been accused of hovering over voters, particularly minorities, while observing at the polls.

These groups are theoretically only trying to prevent illegal immigrants from voting, but progressive groups say they could keep Latinos and other minorities from voting. Latino voters could have a major impact on a number of races but have been targeted by ads that urge them not to vote.

America’s Voice, a pro-immigration reform group, has a Protect Our Vote initiative for Latinos and other minorities to report vote suppression efforts. The Department of Justice has also stepped in by announcing it will deploy more than 400 observers to 30 jurisdictions — including Maricopa County — on Tuesday.

Even after the election, claims of fraudulent voting by illegal immigrants could remain in play. Some conservative politicians have promised to push for laws at the state level to require proof of citizenship to register to vote, even though a similar law was struck down in Arizona last week.

Arpaio became famous for his purposefully harsh treatment of illegal immigrants and his push for round up the undocumented in Maricopa County, Ariz., through controversial sweeps of immigrant-heavy neighborhoods. He likes to call himself “America’s toughest sheriff,” but others have compared him to Hitler and accused him of “treating people like circus animals.” Arpaio has a few tactics for doing this, including the clothing he issues to the detainees in his “Tent City”: black-and-white striped uniforms and pink underwear.

This type of treatment has earned him numerous condemnations from human rights groups. He also faces a Department of Justice investigation into alleged civil rights violations by his office and a lawsuit to hand over related documents. Arpaio’s office was accused in late September of misusing up to $80 million in taxpayer funds.

Meanwhile, Arpaio has upped his national profile by endorsing Tea Party candidates and appearing in campaign events. Although he said he plans to stay sheriff, there has been some talk of seeking higher offices — even the presidency. After Arpaio visited New Hampshire in September, his spokesman acknowledged, “People just don’t go to New Hampshire if they are not interested in these things.”

The program, which was created in 1996, allows the Department of Homeland Security to train local law enforcement to enforce immigration law. It has been criticized by immigrant rights groups and a 2009 Government Accountability Office report for leading to deportation of low-level criminal offenders — minor violations of traffic and open-container laws — instead of focusing on serious crime by illegal immigrants.

Critics also argue it leads to racial profiling, particularly among Latinos, and creates a fear of police in immigrant communities. Sheriff Joe Arpaio of Maricopa County, Ariz., has been accused of abusing the 287 (g) program to carry out controversial sweeps of immigrant-heavy neighborhoods. Arpaio’s office was limited to using the program only in jails — not to make arrests — in 2009.

In Georgia, the program has been used to identify more than 14,690 illegal immigrants for deportation in its four years in the state, ICE officials told the Associated Press. Four counties in the state, and its Department for Public Safety, have signed agreements to participate in the program.

The AP has more on the lawsuit:

The lawsuit alleges ICE has failed to train, supervise and otherwise oversee sheriff’s deputies in Cobb County, where the three plaintiffs live. It also claims ICE has improperly delegated its power to local authorities.

“This is a bad thing, and it tears apart families,” said attorney Erik Meder, who filed the lawsuit. “While these people are certainly in the country illegally, they aren’t criminals and don’t deserve to be locked up and separated from their families.”

Immigration officials have broad discretionary power and should not be issuing a notice to appear — which initiates deportation proceedings — for illegal immigrants who are arrested and discovered to be in the country illegally after initially having been stopped for relatively minor offenses, the lawsuit says.

That wasn’t all, Talking Points Memo reported:

Excerpts of the reports, obtained by TPMMuckraker, show officials from Arpaio’s office made trips to Orlando, D.C., Honduras, Tempe, Belize, Alaska and Puerto Rico on the county’s dime and racked up other questionable expenses, like $741 at Sardella’s Pizza and Wings. The county was also charged $350 for a hotel room upgrade for one official’s spouse. One employee went on multiple extradition trips without submitting receipts for the $62,750 he or she spent — including $1,341 on Disney World Yacht Club Resort food and entertainment. [...]

County officials additionally allege that the sheriff’s office deliberately misused procurement codes and made capital purchases during spending freezes; used outside bank accounts; had problems handling inmate cash; demonstrated extradition travel irregularities; improperly used county credit cards; and spent public funds unusually.

The officials’ report comes less than a week after an internal memo from a subordinate was released urging Arpaio to stop corruption within the sheriff’s department. It is also in the midst of a Justice Department investigation into alleged civil rights abuses by Arpaio’s office. The DOJ sued Arpaio earlier this month for refusing to hand over documents for its investigation.

Notably, Arpaio received a favorable audit from the U.S. Marshal Service on how he treats his inmates, the Wall Street Journal reported today.

Arpaio, who was first elected Maricopa County sheriff in 1993, seems to think he has substantial political clout, the Huffington Post reported:

Earlier this year, in squashing speculation that he might run for Governor in the Grand Canyon State, the Arizona sheriff said, “I don’t want to be egotistical, but I could be the governor if I ran… My polls are very high. I got the money. I got the polls. I got the support.” And, Arpaio recently said that he considers his endorsement cred to be stronger than that of home state GOP Sen. John McCain.

Last month, the Arizona sheriff suggested President Obama consult his advice on the issue of illegal immigration.

If he were a serious candidate, he would have some hurdles. For one, Arpaio was sued last week by the Justice Department for refusing to cooperate with a probe into alleged civil rights violations within his department. He also has a reputation of being extremely tough on illegal immigration — a reason for his popularity among some, but possibly a liability overall. Arpaio has run raids to track down illegal immigrants, forced inmates into tents when jails were full and made prisoners wear pink underwear as a humiliation tactic.

A new 527 group was created this week to defend Arpaio’s reputation, Talking Points Memo reported. Called “Defend Sheriff Joe,” the group said in its filing it aims to “defend Sheriff Joe’s reputation against the Obama administration’s effort to stop enforcement of our immigration laws and to challenge elected officials so that more representatives are elected who are willing to enforce our laws and support the police on the front lines.”

Arpaio still hasn’t handed over the documents, and the lawyers at Justice must have been sick of waiting — the DOJ filed a suit against the sheriff this morning.

The investigation — and ensuing lawsuit — could have serious consequences for Maricopa County. Under Title VI of the Civil Rights Act of 1964, programs that receive federal funds cannot discriminate. If Arpaio’s immigration sweeps are determined to be discriminatory against Latinos, the county could lose some federal funding, the Arizona Republic reported:

The sheriff’s failure to cooperate could cost the county millions of dollars of federal funding. Last year, the county received $113 million in federal funds, according to county records; of that, the Sheriff’s Office received $3.8 million. County officials must agree that they will not discriminate in order to receive those funds. [...]

Last year, the nearly $113 million that the county received from the federal government accounted for about 5 percent of the county’s $2 billion budget. Arpaio’s office said it receives $3 million to $4 million each year in federal funds.

Authorities in Arizona are now facing three separate lawsuits from the Justice Department related to immigration. Along with the lawsuit against Arizona’s SB 1070 immigration law, the department filed a suit Monday alleging discriminatory hiring practices by Phoenix-area Maricopa Community Colleges.