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Sheriff Joe, a non-existent U.S. law and the next crime sweep

Sheriff Joe, a non-existent U.S. law and the next crime sweep

“You said some nasty things about me. I take it that way.”

 

That’s how my conversation with Sheriff Joe started on Oct. 14. He was offended that I had said on television that he was trying to use a non-existent federal law to justify the continuation of his crime-suppression sweeps.

 

After watching Arpaio on the Glenn Beck Show and CNN with Rick Sanchez last week, I was somewhat puzzled that he was upset with me particularly. Seems like those two national personalities beat him up quite a bit more than I did. And I was only on a local program, the Horizon Journalists Roundtable.

 

Indeed, I had called him out for citing a law that seems to exist only in the minds of anti-illegal immigration groups. In fact, according to Immigration and Customs Enforcement officials, the document he has been citing during press conferences and national TV spots has no place in federal code. In other words, it doesn’t exist.

 

It all started a week ago when the U.S. Department of Homeland Security reconstructed an agreement with local law enforcement that essentially stripped the Maricopa County Sheriff’s Office of its power to enforce illegal immigration violations under the 287(g) program. While the new agreement allows Arpaio and other sheriffs to check the immigration status of those who are arrested for other crimes, it was intended to stop him from detaining people on the street to check whether they are in the country illegally.

 

After the new 287(g) agreement was struck, Arpaio called a press conference to blast the feds and to say that he would continuing business as usual. In fact, he said he was planning to do another sweep in two weeks. Now, he says he’s going to do the sweep on Friday.

 

But during the press conference on Oct. 6 reporters asked Arpaio what authority he would use to continue rounding up illegal immigrants on the streets. He said there are a couple of state laws that permit it and other federal statutes that provide that type of authority. He then passed out a document that he said was a federal law that allows his agency to “detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S.”

 

The document Arpaio personally passed out at a press conference and said was federal statute can be found here: http://azcapitoltimes.com/wp-files/pdfs/section8.pdf

 

The document, at first glance, appeared to be taken from a section of U.S. Code. At the top of the page, it listed a title and chapter numbers, as well as references to subsections.

 

But about midway through the text, it outlined a set of circumstances that justify such “brief warrantless interrogations,” and that’s where things started to get odd. Here’s an excerpt: “Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens.”

 

Reporter Jeremy Duda brought the document to my attention, and both of us were a skeptical that the federal government would essentially grant authority to interrogate people on the basis of what they were wearing, or their speech patterns. One friend of mine jokingly asked whether a mariachi suit would justify questioning. And what about the reference to an area known to contain a concentration of illegal aliens? Could that be taken to mean Arizona in general?

 

So Jeremy dug a little deeper. He read through the section of code that Arpaio’s document referenced (Section 8, USC 1324). He couldn’t find any citation of that text. He continued searching records, and later asked ICE officials, immigration attorneys and the Department of Justice to clarify whether that was, as Arpaio had said, included in federal law. Everyone said it wasn’t.

 

Another editor and I read through actual U.S. code and also couldn’t find any reference to the text of the document Arpaio had handed out. We were perplexed.

 

Jeremy followed up with a story on Oct. 7 that outlined these developments, which can be found here: http://azcapitoltimes.com/blog/2009/10/06/arpaio-blasts-feds-vows-to-continue-immigration-enforcement/

 

Then, after our story was published (there was also an item in that afternoon’s Yellow Sheet Report) and a subsequent commentary was written in the East Valley Tribune, Arpaio cited the document as law on both CNN and FOX. Rick Sanchez was incredulous. Perhaps surprisingly, so was Glenn Beck.

 

Beck asked Arpaio to point to the specific law. Arpaio replied: “If local law enforcement comes across some people who have an erratic or scared or whatever … they’re worried, and if they have their speech, what they look like – if they look like they just came from another country, we can take care of that situation.”

 

Beck asked if that was profiling, and noted that the federal government doesn’t allow profiling.

 

Arpaio’s again pointed to the non-existent federal law, saying “It’s in there. It’s in there.”

 

On CNN, Arpaio told Sanchez that the revocation of the 287(g) agreement really doesn’t mean anything. He said it was just a contract, but “it’s OK, I’m still going to enforce the human smuggling.”

 

Sanchez asked how the sheriff and his deputies know if someone they stop on the street is in the country illegally.

 

“It has to do with their conduct, what type of clothes they’re wearing, their speech … a lot of variables involved,” Arpaio said. Questioned further about how clothing can determine a person’s status, Arpaio said, “You look at the federal law. The federal law specifies, the speech the clothes the environment the erratic behavior, it’s right in the law.”

 

An online search for the text Arpaio was citing revealed that the document existed – but not in federal code. It was plastered all over the websites of anti-illegal immigration groups.

 

One of the groups that had published the text, the Federation for American Immigration Reform, noted that it was only an analysis of federal law and offered a disclaimer that it was not to be used as a substitute for actual legal advice.

 

The website showing the overview published by the Federation for American Immigration Reform can be found here: http://www.fairus.org/site/PageServer?pagename=iic_immigrationissuecentersbcdd

 

So, this morning when I had a chance to interview Arpaio about all that had occurred, he insisted at first that the document was taken directly from U.S. Code. He said ICE had confirmed that the document was valid.

 

But after further discussion about our findings, Arpaio took a step back. He acknowledged that the document might not be part of federal law. He said, “I thought it was a law. I don’t know what you call it.”

 

He went on to say that it really doesn’t matter if it’s law or if it’s just an analysis, and said he has plenty of authority to continue the crime-suppression sweeps.

 

“I still think there’s a federal law out there that gives me the authority to do this,” he said. “I might not have the right one, but there is one out there.”

 

It’s still not clear what will happen when Arpaio attempts to conduct another sweep because ICE officials have been quiet about how they’ll react and Arpaio says he’ll take the illegal immigrants to Border Patrol if he has to.

 

“When they (ICE) won’t take them, I’ll take them to Border Patrol,” he said. “So let’s see what happens now. How can you tell Border Patrol that you can’t take them? If mine are illegal and they don’t take them, are they going to take the other ones that they find?”

 

We might not have to wait long for the answer; the next sweep is scheduled to happen in two days.

  1. REAL TRUTH
    REAL TRUTH10-15-2009

    Arpaio said he still will conduct sweeps under state law: “It’s against my principles to let illegal aliens just go out on the streets again,” he said. “They’re criminals.”

    What Joe is not saying is the REAL TRUTH, This is THE LAW.
    It is important to note that there is a very large difference between civil and criminal violations of law. The distinction is so important that the law makes the erroneous allegation that one has committed a crime of slander or libel, (which means liability is automatic even without proof of damages). One who violates the civil law is no more a criminal than someone who has breached a contract or accidentally damaged another’s property.

    It is true that entering the United States without inspection is a misdemeanor under the INA. The misdemeanor is completed once an individual’s entry is complete. Suarez, according to Franceschi, did not enter without inspection; she entered with a valid visa. According to U.S. Immigration and Citizenship Services statistics, about 40 percent of undocumented persons enter legally and overstay their visas (which, as stated above, is not a crime). Consequently, at least 40 percent of the undocumented population has committed no crime in regards to their immigration status.

    Therefore, one cannot assume that a person has committed a crime simply because they are undocumented.

    It is also important to note that the Immigration and Citizenship Services doesn’t consider all undocumented persons criminals. When the Immigration and Citizenship Services publishes information about its enforcement activities involving undocumented workers, it are always sure to make a distinction between “criminal” and noncriminal aliens.

    Another myth is that the term “illegal aliens” is a term of art or is legal jargon. This term is not found anywhere in the INA or in Blacks Law Dictionary. The INA refers to undocumented persons as either an EWI (ENTERED WITHOUT INSPECTION) or as someone who has overstayed their visa Os (OUT OF STATUS).
    “Illegal aliens” is a term invented by anti-immigrant groups designed to put undocumented persons in the worst possible light and to instill fear in Americans. It is intentionally designed to associate undocumented persons with criminality.

    This xenophobic view that undocumented persons are “simply criminals” comes from the historical stereotype that the foreign-born, especially undocumented immigrants, are responsible for higher crime rates. This misconception has deep roots in American public opinion and popular myth. This myth, however, is not supported empirically and has repeatedly been refuted by scientific studies. Both contemporary and historical data, (including U.S. governmental studies) have shown that immigration is associated with lower crime rates.

    The studies have uniformly shown that recent immigrants (including the undocumented) are less likely to be involved in violent crime, and that when there is an increase in immigration patterns, violent crime decreases. This has been shown to be true in large cities with heavy immigrant populations.

    In the most recent of these studies, The Myth of Immigrant Criminality and the Paradox of Assimilation (2007), from the Immigrant Policy Institute, it was found that among men age 18 to 39 (who are the vast majority of inmates in federal and state prisons and local jails), immigrants were five times less likely to be incarcerated than the native-born in 2000.

  2. Linda
    Linda10-15-2009

    Crime has been down since Arpaio has been doing this. There aren’t as many illegal aliens coming across the border as there used to be. So why does anyone want to stop him from doing his job? You politicians all ought to go away and let him do his job, you will when it comes time for voting, we will get rid of you. He’s the only one that has the guts to do the right thing.

  3. Linda
    Linda10-15-2009

    You Go Joe

  4. Veritas Vincit
    Veritas Vincit10-15-2009

    the individual who entered the first post here should be offered a job on Nip & Tuck for their artful job of creating a whole out of a patchwork of bits taken out of their context.

    Fact is, a county sheriff doesn’t need federal permission to carry out his Constitutional law enforcement duties. In fact, if a sheriff wishes to, he has the legal authority to dismiss DHS agents from his county or revoke their permission to engage in his county.

    I you enter Mexico without documentation, see what happens to you. Entry of a country or crossing a international boundary without legal permission is a criminal act in the majority of the worlds nations.

    In closing, the opening individual to this thread makes the macro blatant statement, “… The studies have uniformly shown that recent immigrants (including the undocumented) are less likely to be involved in violent crime…”

    They however fail to cite those “studies”.
    So much for “The Real Truth” which appears should be The Real Fallacy.

  5. James Bollong
    James Bollong10-15-2009

    @Linda
    Ha!!! this is funny. Crime down b/c Arpaio? HAHAHAHA… Let him do HIS JOB? That’s exactly the problem, he is doing everything BUT his job. Xenophobia can have many faces.

  6. David Nichols
    David Nichols10-15-2009

    You go King Joe, keep confiscating/stealing non-convicted /non-sentenced peoples hard earned Belongings and using your Ill-gotten Booty for Vacations,Large Amusement Park Parties, High priced Washington Attourneys to go after your Rivals!

    You go Joe Keep up your Racism and Ethnic Cleansing, it makes your Neo-Nazi Buddies love you!

    Where do bad people go when they die?

    Meanwhile keep yelling at Women on public television (Toughest Pansy!)

    I hope you save some pink undies for yourself Joe!

  7. Z
    Z10-15-2009

    Linda,

    Get your facts straight. Crime has NOT been down since Joe has been doing this, in fact, crime has gone UNSOLVED since Joe has been doing this. There were 38 reported rape cases which not only went unsolved, they weren’t even looked at! He is focusing all his time and energy on undocumented immigrants, while violent crimes are happening and going up.

  8. David Nichols
    David Nichols10-15-2009

    Grand Theft used to be a crime?

    Confiscated Vehichles, Homes, Ect. Used to come from convited, sentenced Drug Lords, not innocent people?

    These confiscated items used to be auctioned off by the Government, not third parties,ect?

    This Re-cession started at the E-xact same time as E-verify and the Hitler like I.C.E. Program? (This is no co-incidence!)
    I don’t believe the funds were used for Vacations, Large Amusement Park Patries, High Priced Attourneys , all for the very Sheriffs rounding up these items?

    Very Interesting to say the least?

  9. Brittancus
    Brittancus10-15-2009

    E-Verify should be on the national agenda to countermand any illegal alien infiltration into the working environment. Whatever needs to done should take priority to remove the unauthorized labor in our jobless nation. More funding, more modifications until the illegal immigrant fraudulent use of documentation becomes a thing of the past. Using whatever technical programming that is available, to make it’s operation inadvisable? Any database including state criminal, FBI, Social Security, Homeland Security, and any other means possible. Ultimately the final version would contribute photo verification, national ID system with biometric data which has been recommended by the Brooking’s Institute and Duke University MIT. Supposedly small employers who don’t operate computers should have common access in such locations as Post Offices or other approachable government building to identify the workers they are hiring.

    There should be no excuse to not install a nationwide mandatory system of worker identification. My suggestion is that–ALL-I-9′s should be copied and a duplicates sent to a Homeland Security Clearing House? Creating such an office would be a simple affair, if our state and federal government would be more beneficial to the working American male and female. If our government is sincere in securing our borders, ports and airlines and introducing new immigration enforcement tools, then E-Verify will become the final deterrent and not be weakened by Sen Harry Reid and his administration. I have made a point of speaking to a few business human resources departments, and found most are enthusiastic about the use of Verify. Only 1 of the 6 companies that I investigated determined some false negatives” and “false positives. But they always have a backup system of contacting the Social Security agency nearest to them, until the irregularities are resolved. Most immigration enforcement laws that have survived, such as 287 (g), is under attack, including the ICE raids. They have already silently rescinded the No-Match-Letter and other indicators show that the parties have many pro-illegal immigrant legislators amongst them?

    All that remains is citizens and legal residents to stop the Obama people from throwing a wrench in the cogs and stopping any technological advancement with E-Verify. E-Verify can be used on a universal level in checking bogus drivers license applications, auto insurance, home purchase, health care and other personal data. It would certainly alleviate the kidnapping of social service programs by the 20 to 30 illegal immigrants in America. It would displace foreign nationals so down-trodden legal single mums with children, homeless vets, senior citizens and even students could get employment. It all depends on all of us to contact our Representative in Washington at 202-224-3121. Tell them you don’t want half measures by full permanent implementation? NO MORE DRAGGING THEIR FEET? Tell them your remember them on next election day. YOU ALSO WANT TO COMMAND THEM. NO MORE AMNESTIES.

    How can you count illegal immigrants, when they don’t even exist other than on ICE arrest lists. Sen. Vitters is right you cannot enumerate those who purposely broke the law. Small states will miss out big time on federal dollars in the 2010 Census, while mass illegal immigrant states will gain more seats in Congress and too much power and influence in general elections? California specifically, because of the handicapped zombie Liberal Democrats In Sacramento, who should be thrown out of office into a garbage dump, owing to the billions they used underwriting the illegal alien population. They caused the financial crisis in the once-Golden state, by ignoring the millions of illegal aliens, gang bangers bleeding San Fran and Los Angeles dry of revenue. Of course ICE could check the immigration status of those who are counted, even though it’s supposedly against US law? Or is counting 20 million plus (?) non-legal residence against the US Constitution? But then these politicians do not recognize what is illegal from illegal anymore? Democrats are still endeavoring to give the children of illegal immigrants, access to colleges and university. Our children should come first because we are citizens and permanent residents.

    Don’t let them distract you, but repeat your demands without hesitation to these open border jerks. Invest a little time and check what your politicians are doing to our immigration enforcement safeguard at NUMBERSUSA. Read about the consequences of future OVERPOPULATION at CAPSWEB and our collapsing infrastructure, that has been ignored for decades nationwide. Last read factual information at JUDICIAL WATCH that discloses the lawmakers, that are running the country for themselves, friends and business associates. ITS ALL FREE. Read that some of the White House Czars are not true Democrats, but are shadowed by their past Liberal Marxist backgrounds.

  10. David Nichols
    David Nichols10-15-2009

    Mr.or Mrs. Britaniunus ?

    You Sir/Mrs. are an Idiot! You should move to a Communisst County that will Beleive you TRASH!

    This Re-cession Started E-xacty at the same timne as the E-verify Law, and The Adolph Hitler like I.C. E. Program! (Yes your type of Racism did cause this Crash!)

    You are a Racist Coward! (use your Real Name?)

    The U.S. Cencus Bureau counted these good Immigrants as the citizens that they truly are all along putting in place approx: (1) million Government Employees to manage them!
    The rest of us Real hard American workers are still paying for these Government Employees to do nothing? (nearly two years later!)

    Why don’t you simply coward yourself into another Communist Country that belives your Garbage Sir or Madam? OR whAT EVER YOU REALY ARE?

    You are no American, you Thing?

    America is far greater than your Ideocracy! Whatever you are?

    You certainly do not belong in the land of the Free, and the home of the Brave!

    I truly do not know where you belong?

    Please seek help? Mam, or Sir, or Whatever you are?

  11. David Nichols
    David Nichols10-15-2009

    In my Oppinion: Sheriff Arpio is a THEIVING, MURDEROUS TYRANT, he has stolen from thousands of good hard working people, and used the Ill-gotten Booty for Sheriffs Dept. Vacations, Large Amusement Pak Parties , and noew to hire High Priced Wasington Attourneys to prosecute his Rivals! While the very people he stole from were deported to the Harsh Mexican Desert where many now lie dead!

    History will show this TYRANT for the true PINKO COWARD that he is!

    You go Joe, Yelling at Women on public T.V. ( America’s Toughest Pansy!)

    An 1840′s French Historian said: “America is great because it is good, when it ceases to be good it ceases to be great.”

    Mr. Arpio, from me to you you are no part of America you PINK COWARD TYRANT!

    Sincerely:
    David Nichols
    1312 E Century Ave.
    Gilbert Az. 85296

    (480) 813-5429

    I Beg You to Face, me Pinky!
    My work# (480) 892-6865

    Lets do an exhibition boxing match Mr. Toughest?, my hands tied and the proceeds to go to the Immigrants that you have Cowardly Robbed and Persecuted?
    What do you say COWARD JOE?

    (Comon Sir YOU LOVE TO YELL AT WOMEN?)

    You must br the Toughest?

  12. todd empringham
    todd empringham10-16-2009

    Keep up the GOOD WORK joe you are the Man and All real Americans love YA

  13. Restore Fairness
    Restore Fairness10-16-2009

    The Justice Department is conducting a civil rights investigation of Sheriff Arpaio for racial profiling, illegal seizures and unwarranted searches. But Arpaio is only an extreme example of what happens when state and local law enforcement take up programs that allow immigration enforcement, which is mainly a federal level issue. These failed programs have been known to hurts community safety, erodes public trust, and takes immigration policy in the wrong direction. Sheriff Arpaio has more that 2700 lawsuits against him for demonstrable racial profiling and other severe civil rights abuses. These programs are not a solution for this country’s failed immigration system plus they take precious resources away from violent crime by prosecuting most people for non violent offenses or no offenses at all. In fact violent crime is up in Maricopa County because of this diversion of resources.For more stories, such as a pregnant woman detained and shackled while giving birth as a result of these policies, go to http://www.restorefairness.org and take action now.

  14. jonathan
    jonathan10-18-2009

    Sheriff Joe is a national treasure!! I would vote for him for President if i could! Finally someone with some nuts left in America! He is correct, when they cross the border ILLEGALLY, they are breaking the law! PERIOD! Why cant the bed-wetting bleeding heart liberal commies in washington just go away and let Sheriff Joe do his job, and theirs too, because they dont have the balls to do it!! GO JOE!!

  15. Larry Linn
    Larry Linn10-18-2009

    I agree with Arpaio. No one should enter any nation without pemission. Arizona was the land of the Native Americans. Arpaio should deport all of the illegal immigrants that entered native lands without permission, tthen he should leave.

  16. Cuauhtlatohuac
    Cuauhtlatohuac10-19-2009

    @Linda

    Linda,
    Crime in areas under MCSO’s juristiction has risen significantly since Arpaio came into office. Response times to emergencies have also increased. For verification of these and other facts check out a policy report by the goldwater institute here:
    http://www.goldwaterinstitute.org/Common/Img/Mission%20Unaccomplished.pdf

  17. Donald D
    Donald D10-19-2009

    Rick,
    LEAVE Arpaio Alone !! He may very well be the ONLY man in american politics alive today that has any real balls !!
    Leave the man to do his job!!
    I have heard that you too are not so perfect !

  18. Tina
    Tina10-20-2009

    Arpaio boasted a non-existent law on national TV, twice, to justify his unconscionable wrongdoing. He is void of conscience. No jonathan, Maricopa County Sheriff Joe Arpaio is not a
    ational treasure. He is a sadistic and vindictive megalomaniac, a cunning and pathological liar whose actions and directives have already cost Maricopa County $43 million in lost and justified lawsuits alone. He went off the rails long ago. He is not a buffoon, but a dangerous madman in need of being institutionalized or incarcerated.

  19. Delaware Bob
    Delaware Bob10-20-2009

    Sheriff Joe sees the damage these illegal aliens are causing. They are destroying this Country, and one has to have very poor eye sight not to see that.

    Illegal aliens have made America the dumping ground for all their illegal alien children, then we have to school them and give them free medical care.

    http://www.youtube.com/watch?v=mSe3C5vMafM&NR=1

    http://www.youtube.com/watch?v=U_ZnX9JRo5M&NR=1

    I for one, am sick and tired of these illegal aliens snubbing their nose at our immigration laws and the many other laws of this Country. If our Federal Government can not ENFORCE our immigration laws, and get these illegal aliens out of this Country, then let the States do it! One way or another, an end has to come to this illegal immigration, and not with AMNESTY! Amnesty will only encourage more illegal aliens to invade our Country and reward those who broke our laws and raped the American taxpayer in many ways…depressing our wages, taking our jobs, overwhelming our schools with their ILLEGAL ALIEN children, driving without a license or car insurance, all the crime from stolen identities to rape, drugs and everything else.

    It’s time for ZERO TOLERENCE with these illegal aliens. It’s time for them get out of this Country and back in their own Country where they belong. When we get rid of the illegal aliens, we will get rid of all the problems that go with them. THAT IS A FACT!

    YOU GO, JOE! I’M WITH YOU!

  20. alan truelove
    alan truelove10-23-2009

    29. U.S. v. Brignoni-Ponce, 422 U.S. 873, 884-
    887 (1975).
    30. 63 ALR Fed.180.Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous or erratic behavior, dress or speech indicating foreign citizenship, and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient.

    Seems clear enough. Any law enfrcmnt off. proceeding on the above wld win in Court. Sheriff Joe is ‘judgement proof’. In any case, Obama knuckled under last Mon., ICE accepted 19 illeGALS FROM A STREET SWEEP.
    Voters of Maricope Cnty 1, Obama 0.

  21. Todd
    Todd03-29-2010

    @alan truelove
    Liar. By the way, this “official document” that indicates you can be detained for dressing in foreign garb or speaking Spanish is an infringement on Civil RIghts.

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