Monday, November 24, 2008

Arpaio´s Racial Profiling Crap About to Hit the Holder Fan!

Eric Holder, Obama´s choice for Attorney General will bring fresh eyes to Sheriff Arpaio´s history of Racial Profiling, including the 4 current Racial Profiling suits against him. Holder is a long time advocate of ending Racial Profiling. It looks like Arpaio´s Racial Profiling Crap is about to Hit the Holder Fan!!
Arpaio's sweeps to get fresh scrutiny?
Maricopa County Sheriff Joe Arpaio's crackdown on illegal immigrants could get greater scrutiny from federal investigators under President-elect Barack Obama's administration, criminal-justice experts say. A telltale clue to that possibility is Obama's top choice to head the U.S. Justice Department, Eric Holder, who has a track record of investigating the kind of racial-profiling allegations leveled at Arpaio's crime and immigration sweeps. Arpaio denies his deputies have stopped or arrested people based on race.
As deputy attorney general in the Clinton administration, Holder played a key role in the Justice Department's investigation of the New Jersey state police in the late 1990s that showed officers were disproportionately stopping Blacks for minor traffic stops to look for drugs. During a Senate subcommittee hearing involving the investigation, Holder, who is an African-American and the son of an immigrant from Barbados, said he had become particularly sensitive to complaints of racial profiling after New Jersey police searched his trunk for guns when he was a college student. He said he believed the incident stemmed from racial profiling.
The Justice Department's investigation led to New Jersey state police signing a consent decree that required officers to fully document all traffic stops as part of an effort to ensure they weren't stopping motorists on the basis of race. The department's civil-rights division under Democratic President Clinton launched several investigations of local police departments accused of using racial profiling. Such investigations fell dormant under Republican President Bush's administration. With Obama, "I expect that the rules will change somewhat and you will probably see a more active role of the Justice Department investigating cases of police misconduct across the board," said Michael Smith, chairman of the criminology and criminal-justice department at the University of South Carolina.
Allegations
In April, Phoenix Mayor Phil Gordon wrote a letter to U.S. Attorney General Michael Mukasey asking that the Justice Department's civil-rights division and the FBI investigate Arpaio's immigration crackdowns. He alleged that the sweeps included "a pattern and practice of conduct that includes discriminatory harassment, improper stops, searches and arrests." Gordon sent the letter after Arpaio moved dozens of deputies into neighborhoods with large Latino populations in Phoenix and Guadalupe to conduct what the sheriff called crime-suppression patrols. The patrols ignited an outcry from Latino community leaders and immigrant advocates, who accused deputies of pulling over people who looked Latino in order to look for illegal immigrants. Four U.S. citizens and a legal immigrant have filed a lawsuit against Arpaio, accusing him and deputies of violating their civil rights in connection with the immigration crackdowns.
An Arizona Republic examination of arrest logs from eight crime sweeps showed that deputies arrested more Latinos than non-Latinos during each of the operations; that even when the patrols were held in mostly White areas deputies arrested more Latinos than non-Latinos; and that deputies arrested Latinos in greater numbers than non-Latinos following minor traffic violations.
Gordon said he believes that under the Obama administration, the Justice Department will take a harder look at the concerns raised in his letter. "The ball for civil rights has started rolling, and I'm confident that under soon-to-be Attorney General Holder, it will be rolling faster here and across the nation," Gordon said.
Hector Yturralde, president of Somos America, an immigrant-advocacy group that is one of the plaintiffs in the lawsuit, said he expects the Justice Department to pay more attention to complaints of racial profiling against Arpaio's department. "We do have high aspirations of this new attorney general because something has to be done. So far our cries have fallen on deaf ears," Yturralde said.
Arpaio said he is not concerned that his office could face greater scrutiny under the Obama administration.
"I don't care," Arpaio said. "I feel very comfortable with the way we do things. . . . I have confidence in my deputies, and nothing is going to change. I am going to continue my operations even though the administration is going to change." Scot Montrey, a spokesman for the Justice Department's civil-rights division, said the allegations of racial profiling against Arpaio's office were being reviewed to determine whether any action should be taken. Arpaio said he doesn't believe the Justice Department is looking any further into Gordon's letter because the complaints have no merit. "It hasn't gone anywhere because there is nothing to it," Arpaio said. Brian Withrow, a criminal-justice professor at Wichita State University, said that earlier this month he attended a national conference of the American Society of Criminology in St. Louis.
"The consensus of that group was that we will see more of a desire of this new administration to litigate these (racial profiling) cases than the current administration," Withrow said. "The president-elect has already said he intends to beef up the civil-rights division of the Department of Justice, and that is the department most likely to investigate."

47 comments:

Dee said...

Arpaio´s time is up!!

Holder will ensure he receives punishment for the HATE CRIMES and RACIAL Profiling he has committed!!

phoenixnative said...

Arapio has already been vindicated of all those false accusations. He also just got re-elected.

ultima said...

"As deputy attorney general in the Clinton administration, Holder played a key role in the Justice Department's ..." Holder played a key role in getting pardons or commutations for the felons that contributed to Clinton's campaign coffers. That's not the kind of guy I would have expected to get the AG job. Holder ought to keep his own house in order before he starts looking any farther. His is a very strange nomination.We can look forward to some Gonzo type justice from him.

ultima said...

"The Justice Department's investigation led to New Jersey state police signing a consent decree that required officers to fully document all traffic stops as part of an effort to ensure they weren't stopping motorists on the basis of race."

It would be interesting to know how many more drug addicts and drug overdoses there were in New York, New Jersey and elsewhere as a result of this unfortunate policy. How do you weigh that against a few inappropriate stops?

Dee said...

Phoenix,
We will see how much longer arpaio´s reign of terror continues.

Anonymous said...

Dee, spare me, Arpaio's reign of terror??? If illegals, who are breaking our immigration laws and thus are lawbreakers, feel they are being "terrorized", tough taco. You reap what you sew.

phoenixnative said...

I agree anonymous. What reign of terror? Are Hispanic citizens being rounded up and arrested en masse? No, it is illegal aliens that are and they should be. If you enter our country illegally, do you expect milk and cookies instead? I imagine that Americans who have broken our laws and not aprehended yet are living in fear of getting caught also. That is the price you pay for breaking the law. Living in fear if you are a law breaker is natural but no one is terrorized. I am so glad we have Sheriff Joe to enforce the law.

Liquidmicro said...

Somehow I don't think your chicken will be coming home to roost.

Partners in Pink UnderwearJanet Napolitano's embarrassing history with Sheriff Joe Arpaio.

Arpaio, a Republican, later appeared in a television ad supporting Napolitano's 2002 run for governor, which she won by a tiny margin, fewer than 12,000 votes. His intervention was undoubtedly one of the deciding factors in her election.

Napolitano's hands-off policy toward Sheriff Joe's constabulary antics continued in her tenure as governor, even as Arpaio started pulling his deputies away from local crime investigation and to checking vehicles and making sweeps for illegal immigrants—a policy denounced by the mayor of Phoenix, among others. Napolitano did little to rein in the sheriff, refusing to say anything about the controversy for months. She finally drew his ire last spring by denying him a portion of state funding that was to have been spent on roundups of suspected illegal aliens, instead ordering that it be used to catch felons.

Anonymous said...

It makes me sick that Napolitano is going to be our new Homeland Security Chief. What a joke.

The Arizonian said...

Dee said:
Phoenix,
We will see how much longer arpaio´s reign of terror continues.


That's rich. Many have said the same of Napolitano, Bush, Schumer, etc.

The answer in simple: When someone better gets elected (or they hit term limits).

PREDICTION:
The BOA will come in, blow alot of smoke, and then conclude that the MCSO is doing their job well within the confines of the law.

Dee said...

My Prediction:
Holder will investigate the Racial Profiling!
Napolitano will end the 287(g) agreement with Maricopa County.

The end of the reign of terror will come in 2009.

Liquidmicro said...

"Napolitano will end the 287(g) agreement with Maricopa County."


She has NO AUTHORITY to do so. She will have NO AUTHORITY to do so.



"Holder will investigate the Racial Profiling!"

He can investigate all he wants to, he has to PROVE it is happening.

Dee said...

Holder as AG can revise the 287(g) agreement, as I have stated previously in another blog.

Dee said...

My Prediction:
Holder will investigate the Racial Profiling and end the 287(g) agreement with Maricopa County.

The end of the reign of terror will come in 2009.

Liquidmicro said...

287(g) is mandated by congress in the IIRAIRA Act of 1996. AG can do nothing about it either.

Section 287(g) of the Immigration and Nationality Act

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.

The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE allows these local and state officers: necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and increased resources and support in more remote geographical locations.
Memorandum of Agreement

The MOA defines the scope and limitations of the authority to be designated. It also establishes the supervisory structure for the officers working under the cross-designation and prescribes the agreed upon complaint process governing officer conduct during the life of the MOA. Under the statute, ICE will supervise all cross-designated officers when they exercise their immigration authorities. The agreement must be signed by the ICE Assistant Secretary, and the governor, a senior political entity, or the head of the local agency before trained local officers are authorized to enforce immigration law.

Dee said...

Article about Napolitano as Head of Homeland Security:
"As Homeland Security boss, Napolitano would oversee several agencies including the Bureau of Immigration and Customs Enforcement.

It would be an easy matter for her, presumably, to cancel the 287(g) agreement between ICE and the Sheriff's Office that gives trained deputies the power of immigration agents.

Arpaio could still conduct his sweeps and immigrant busts based on state laws, like the employer sanctions law that led to the raid on Mesa's City Hall and library last month. But canceling the power of deputies on the street to enforce federal law would remove some of the sheriff's bite on the immigration issue and send a powerful message to law officers around the country that Arpaio's lead is not to be followed.

Dee said...

Another article:
"Mayor Phil Gordon of Phoenix, an out spoken critic of Arpaio, called upon the U. S. Department of Justice to investigate the tactics and unlawful campaign of Sheriff Arpaio, his deputies, and his personal army of Minutemen he deputized as his personal “posse” to assist his department. Arpaio even allows many of the Minutemen to carry guns and rifles as members of his “Minuteman posse.”

It seemed like no one wanted to take on Arpaio or his racist policies against undocumented immigrants.

That was the case until MALDEF; the Mexican American Legal Defense Educational Fund filed a class action lawsuit against Sheriff Arpaio for racial profiling and civil rights violations.

According to the lawsuit, “It seeks to stop Arpaio, who styles himself “America’s toughest sheriff,” and his deputies from engaging in unconstitutional searches and seizures of U.S. citizens based on their Latino heritage or appearance.”

Under an agreement with ICE,( Immigration Customs Enforcement) an agency of the Department of Homeland Security, Sheriff Arpaio was obligated to follow the “287(g) agreement for enforcing federal immigration laws.

The “287(g) agreement" with ICE, provides local law enforcement agencies special training and grants them the authority to enforce complex immigration laws.

The lawsuit states, "Sheriff Arpaio agreed to follow 'ICE guidelines (that) state officers can only use 287(g) authority when people are taken into custody as a result of violating state or local criminal law. Police cannot randomly ask for a person’s immigration status or conduct immigration raids,' and that officers may only use their authority when dealing with someone who is suspected of a state crime that is more than a traffic offense.”

The problem was that the Arpaio, his deputies and Minuteman posse were breaking “federal laws” by stopping suspected undocumented immigrants for violating simple traffic violations or raiding homes, or shopping malls.

Generally, the people arrested by the sheriff’s personal campaign against immigrants meant that even people, who had the proper documents, were forced to remain in jail until they could provide the necessary paperwork.

It was literally a flash back to Nazi Germany when the elite SS troopers would stop Jews and ask, “your papers, please.”

Kristina Campbell, MALDEF Staff Attorney said that in addition to basically “flouting the U. S. Constitution, He has drained resources from other crime fighting and investigation units, and his discriminatory practices have undermined trust – a critical component of effective law enforcement – in the Latino community.”

The ACLU of Arizona and the ACLU Immigrants Rights Project have joined MALDEF in filing the lawsuit, Melendres v. Arpaio, before the U.S. District Court for Arizona.

Finally, Sheriff Arpaio from Maricopa County is under scrutiny for violating the civil rights of undocumented immigrants and for breaking federal immigration laws as well.

Imagine that, Sheriff Arpaio, the lawbreaker. MALDEF is out to put a stop to the ruthless campaign of injustice by Sheriff Arpaio and preventing the Sheriff from violating federal laws while pretending to be enforcing federal immigration laws against "criminals".

Liquidmicro said...

I suggest you read the law.

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IX > § 1357
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§ 1357. Powers of immigration officers and employees


(g) Performance of immigration officer functions by State officers and employees
(1) Notwithstanding section 1342 of title 31, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law.
(2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws.
(3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to the direction and supervision of the Attorney General.
(4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision.
(5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or political subdivision.
(6) The Attorney General may not accept a service under this subsection if the service will be used to displace any Federal employee.
(7) Except as provided in paragraph (8), an officer or employee of a State or political subdivision of a State performing functions under this subsection shall not be treated as a Federal employee for any purpose other than for purposes of chapter 81 of title 5 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims).
(8) An officer or employee of a State or political subdivision of a State acting under color of authority under this subsection, or any agreement entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee in a civil action brought under Federal or State law.
(9) Nothing in this subsection shall be construed to require any State or political subdivision of a State to enter into an agreement with the Attorney General under this subsection.
(10) Nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a State or political subdivision of a State—
(A) to communicate with the Attorney General regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or
(B) otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.

Liquidmicro said...

Arpaio would fall under section 5, sub section A, of 1357.

(5) to make arrests—
(A) for any offense against the United States, if the offense is committed in the officer’s or employee’s presence, or

Liquidmicro said...

The MOA between AZ and DHS is already in place, she would not be able to revoke it unless it is PROVEN Arpaio has violated its authority, and even then it would have to be done through the state of AZ and Arpaio, not DHS and Arpaio.

Liquidmicro said...

The only thing she was able to do as the Governor was to remove his grant funding for illegal immigration. That still did not stop him.

Dee said...

We will see Liquid.
The 287(g) agreement was entered into by ICE with Arpaio.
Both articles I provided indicated. "As Homeland Security boss, Napolitano would oversee several agencies including the Bureau of Immigration and Customs Enforcement.

It would be an easy matter for her, presumably, to cancel the 287(g) agreement between ICE and the Sheriff's Office that gives trained deputies the power of immigration agents."

Say what you will. It is under review.

Dee said...

Now with AG Holder a stern ANTI Racial Profiling advocate and with Napolitano as head of Homeland Security AND ICE, we will see Liquid.

My predictions say change will occur in 2009.

Now we just have to WAIT and SEE!!

Dee said...

"Phoenix Mayor Phil Gordon has denounced Sheriff Arpaio and last April, after the MCSO engaged in sweeps in the town of Guadalupe, Gordon formally requested that U.S. Attorney General Michael Mukasey launch a Justice Department investigation into Sheriff Arpaio's and the MCSO's "discriminatory harassment, improper stops, searches and arrests" of Latino persons in Maricopa County. Gordon has also publicly stated that the sweeps are interfering with the work of undercover city police officers and federal agents.

"Police should NOT be in the business of acting as immigration agents; everyone's safety is jeopardized when they do," said MALDEF staff attorney Kristina Campbell. "In Maricopa County, as in other parts of the country, when local police try to take on the job of being immigration officers, immigrants and their family members often get the message that they should fear coming forward if they are the victim or witness of a crime."

Liquidmicro said...

Nobody cares what MALDEF 'thinks', nobody cares what Gordon 'thinks'. They have no control over an authorized act that was passed by Congress in 1996, under Clinton. It would take an act of Congress to get rid of it.

Liquidmicro said...

And what happened to the Guadalupe incident?? The mayor was outed shortly after, and Arpaio was given a new contract there. The FBI investigated Arpaio and came back with nothing.

Anonymous said...

Where is the proof of the following accusations?

"Sheriff Arpaio's and the MCSO's "discriminatory harassment, improper stops, searches and arrests" of Latino persons in Maricopa County."

Dee said...

Liquid,
WRONG! It is you and your side that doesn´t care what Gordon or MALDEF support. There are many loyal and freedom loving Americans that do!! God Bless America!!


Liquidmicro said...
Nobody cares what MALDEF 'thinks', nobody cares what Gordon 'thinks'. They have no control over an authorized act that was passed by Congress in 1996, under Clinton. It would take an act of Congress to get rid of it.

Dee said...

Anon,
Obviously the substantial documentation was sufficient to move the case forward in court!

God Bless America!!

Anonymous said...
Where is the proof of the following accusations?

"Sheriff Arpaio's and the MCSO's "discriminatory harassment, improper stops, searches and arrests" of Latino persons in Maricopa County."

Liquidmicro said...

Dee said...

Liquid,
WRONG! It is you and your side that doesn´t care what Gordon or MALDEF support.


What your side 'supports' is changing our laws because you don't agree with them, while my side agrees with the laws.

Anonymous said...

Arapio was acquitted, however. Therefore the accusations didn't hold any water and proven false.

Dee said...

Liquid,
Sorry!
Wrong Again!
Your side supports RACIAL PROFILING and ABUSE of the current laws against them!

Liquidmicro said...

Dee said...

Liquid,
Sorry!
Wrong Again!
Your side supports RACIAL PROFILING and ABUSE of the current laws against them!


All you have is your opinion. Like I said, the LAWS are on my side, and until you can prove Racial Profiling or Abuse your just spitting in the wind.

Dee said...

Dont worry. The lawsuit will clear this all up. Once decided, JUSTICE WILL RULE!!

Anonymous said...

If it is known by law enforcement that a white male committed a crime in a certain area and the police question white males in the area, is that racial profiling?

Dee said...

In your scenario, what Arpaio would do is stop every White person in your town and throw anyone who did not have a passport, birth certificate and social security card on their person in a detention center until these documents were produced.

Until that happens in any town where any White person commits a crime, then you will not experience Racial Profiling ala Arpaio.

Anonymous said...

Are you saying that Arapio doesn't accept a valid DL as proof of I.D.?

You didn't answer the question anyway. Is it racial profiling when a white male commits a crime and white males are quesioned? Just answer the question. It just takes a simple yes or no.

Liquidmicro said...

Arpaio is only stopping those which are in violation of the law(s), i.e. car tags, jay walking, speeding, lights out, must first be in violation of law (code) before he stops anybody. There is no random stopping of anybody. Checkpoints are within the law. Nobody has yet to prove otherwise.

The Arizonian said...

Phil Gordon?

Are you serious?
This is the same Phil Gordon that is running the City of Phoenix into the dirt and you claim his condemnation of Arpaio has some creditability?

Asking Phil Gordon about immigration is kinda like asking a plumber about building a sky scraper......

Tamara said...

Anon, she'll never answer the question but if I were a white man in Mejico and Mexican authorities had the unmitigated gall to pull me over and ask for an ID, I would scream racial profiling till my lungs hurt!!

"You didn't answer the question anyway. Is it racial profiling when a white male commits a crime and white males are quesioned? Just answer the question. It just takes a simple yes or no."

Dee said...

Anon,
As I said, in your scenario, what Arpaio would do is stop every White person in your town and throw anyone who did not have a passport, birth certificate and social security card on their person in a detention center until these documents were produced.

Until that happens in any town where any White person commits a crime, then you will not experience Racial Profiling ala Arpaio.

AND NO, DL IS NOT SUFFIECIENT!!

Anonymous said...

Please stop with the racial profiling b.s. Dee. Why do you worry so much about it? If an Hispanic has a valid DL they won't be asked for birth certificate, passport, etc. Why the hell would they be asked for all that stuff? You are protecting illegal aliens Dee. Why? Why is it so hard for you to expect these people to follow the laws of the U.S.? What is your agenda?

Dee said...

Anon,
You obviously DO NOT GET IT!!
Arpaio has stopped numerous Latinos and is NOT content with DL. He wants passport, ss card and birth certificate. If you are latino and do not have them on your person, you are taken to a detention center.
Why do you think Latino citizens are SO UPSET!!
Get a grip!! What is your agenda other then to delude yourself from what is really happening!!



Anonymous said...
Please stop with the racial profiling b.s. Dee. Why do you worry so much about it? If an Hispanic has a valid DL they won't be asked for birth certificate, passport, etc. Why the hell would they be asked for all that stuff? You are protecting illegal aliens Dee. Why? Why is it so hard for you to expect these people to follow the laws of the U.S.? What is your agenda?

Anonymous said...

YOU obviously don't get it Dee!! Tough caca for these latinos. They are all illegals so they deserve to be stopped. Who gives a crap about these people anymore. They have pushed Americans around too much and they are getting just what they deserve!! How the hell much abuse do you think Americans will take from these law breakers? Are you just plain stupid? WE HAVE HAD ENOUGH OF THEIR SHI*T, GET OUT OF OUR COUNTRY NOW!!!


You obviously DO NOT GET IT!!
Arpaio has stopped numerous Latinos and is NOT content with DL. He wants passport, ss card and birth certificate. If you are latino and do not have them on your person, you are taken to a detention center.
Why do you think Latino citizens are SO UPSET!!
Get a grip!! What is your agenda other then to delude yourself from what is really happening!!

Tamara said...

LMAO anon, you are so right. When you abuse people, degrade and insult them and demand things from them, they will rise up and fight back. Latinos have brought a lot of grief upon themselves with their treatment of Americans and there will be a price to pay.

Dee said...

Tamara,
Yes, people will not take abuse for long.
Why do you laugh about it?

Do you think abuse is funny?



Tamara said...
LMAO anon, you are so right. When you abuse people, degrade and insult them and demand things from them, they will rise up and fight back. Latinos have brought a lot of grief upon themselves with their treatment of Americans and there will be a price to pay.

Dee said...

Anon,
You are so full of hate you need help. I suggest you see a doctor.



Anonymous said...
YOU obviously don't get it Dee!! Tough caca for these latinos. .. WE HAVE HAD ENOUGH OF THEIR SHI*T, GET OUT OF OUR COUNTRY NOW!!!

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