Tornado Alley (PROG)

[arizona1]

AZ Sheriff Loses 287g ICE Immigration-Enforcement Authority: Critical Moment for Immigration Reform
by dawnt

Mon Oct 05, 2009 at 11:31:56 PM PDT

I usually lurk and read (occasionally comment). But we are at a seminal moment in immigration reform, and I didn't see any diaries here about today's important development on 287g.

287g is the program that allows local law enforcement agencies to act as ICE agents -- investigating and detaining people suspected of living or working in the country without authorization. Maricopa County (Arizona) Sheriff Joe Arpaio is the "poster boy" for this program. He's the guy that you hear about who has "neighborhood sweeps" and has been accused of arresting people for cracked windshields and then hauled them in on immigration violations. More than 500 advocacy groups asked last month for the entire program to be terminated. Arpaio is always used as the example for why the program is no good.

Sheriff Joe Arpaio announced Monday evening that ICE stripped away his 287g authorization to investigate and detain people he suspects are living/working in the U.S. without authorization... But wait, there's more...

Arpaio is currently under investigation by the Dept of Justice for civil rights violations, and by the Dept of Labor for labor violations. He is being sued by a number of individuals, organizations, and fellow local officials. The mayors of two cities in Maricopa County have called him out for what they allege is racial profiling.

NOTE: If Arpaio's name sounds familiar, it's because he's in the news constantly... The county even pays for his international PR firm. Still not sure who he is? Just think "tent city jails," pink underwear, striped uniforms, chain gains, pink flip-flops, and green bologna. Also, after you read what I posted here, if you want more info, you can read my Huffington Post article here.

Under what's left of Arpaio's 287g agreement with ICE, Arpaio will still be able to screen inmates already in his jails, but he will no longer be able to detain people for suspicion of being/working in the U.S. without authorization under the agreement.

Arpaio, though, says:

I don't need the feds to do my crime suppression to opt to arrest illegals. I can do it without the federal authority, and I'm going to continue to do it. It makes no difference. It helps us. Because I don't have to do all the paperwork for the feds, number one. And number two, I won't be under their umbrella, their guidance. So I will operate the same way, nothing is going to change.

So, whether or not he has authority under 287g, Arpaio says he is still going to continue doing what he was doing. He also says:

Nothing changes because pursuant to our duties in these crime suppression [sweeps] we arrest anybody that violates the law. If we find during the arrests that that there are illegals, we arrest them. Now the only difference [is] we're going to take 'em down to ICE. I hope they accept them, if they don't, I'll bring 'em myself to the border. So nothing really has changed. This is all politics. They want to use me to get rid of this 287 agreement across the country.

He was on a local radio show last night (Sunday) saying not only will nothing change, but he intends to conduct immigration raids "very soon to show Washington and everybody else I'm not changing, I will not be intimidated by Congress, by alleged racial profiling investigations by the Justice Department, by all these demonstrators, these politicians, all trying to keep me from doing my job, so nothing will change. Stay tuned."

The immigration control crowd is already rallying around Arpaio. Within a couple of hours of the news, NumbersUSA was already releasing a statement: NumbersUSA Vice President of Government Relations Rosemary Jenks said Monday afternoon,

State and local law enforcement officers have the inherent authority to enforce all the laws of our land, including immigration laws, with or without 287(g) agreements ... society as a whole benefits if officers have the training they need to identify immigration violators wherever they may encounter them ... NumbersUSA will continue to encourage state and local law enforcement officers to use their inherent authority and their common sense to enforce our immigration laws.

(I have the full statement in an email if anyone wants it)

I've talked to quite a few people over the weekend and today (Monday) about these developments, and the best I can say is that the people most involved in trying to oust Arpaio are "cautiously optimistic."

Local leaders in Maricopa County have traditionally been afraid to speak out. The feeling is that Arpaio lashes out against political opponents. He has investigated pretty much all of his loudest local critics.

Even the local Democratic Party has historically keep a distance from the Arpaio controversies. Today, the local party released what I think is probably their first statement ever on Arpaio, and it came before the news... they took a political risk in making the statement because Arpaio is actually very popular in Arizona.

Not only is Arpaio very popular across the state, but he has polled above some gubernatorial candidates in the past. And he talks about running for governor quite often -- in the last few weeks in fact.

The 287g controversy has been raging for years and years. Arpaio has become a polarizing figure with huge support on the right. This could all change, depending on what DHS/ICE end up doing.

What we don't know right now could fill a book... is ICE changing the very nature of 287g? Those who want to see the program ended are not so sure. Are they just making an example out of the self-described "poster boy of immigration enforcement"? We don't know.

What we do know is that this is a very important moment. What happens next... I think a lot of that will depend on the public reaction.

This statement just in from the Day Laborers Organizing Network (literally, as I was about to hit submit:

Arpaio is sending mixed messages to the public; and his claim that he has reached an agreement with DHS is an apparent lie. Until DHS signs the contract there is no agreement.

In a failed effort to salvage authority granted to him during the Bush Administration, Sheriff Arpaio leaked to the press late on Friday evening that he intends to sign a new, limited agreement with DHS Secretary Janet Napolitano. Since that leak, the status of the entire 287(g) agreement has come into question.

DHS still has not stated whether they will enter into a new agreement with MCSO. Community leaders filed a Freedom of Information Act Request last Thursday demanding clarity on the Obama administration’s new 287(g) policy.

On Tuesday, local organizations will urge DHS to re-think the entire 287(g) program and Arpaio’s contract in particular. To date, the 287g program has raised serious concern as law enforcement agencies such as the Maricopa County Sheriff’s Office have used these powers to target communities of color.

"There’s a reason the Department of Justice is investigating Joe Arpaio" stated Alessandra Meetze of the ACLU, "The Sheriff has abused his powers under this program and he’s out of control."

"This program has been used by the Sheriff’s department to conduct racial and ethnic sweeps in Latino Communities" stated Lydia Guzman of Somos America. "It is time for the federal government to act by terminating the agreement."

National Chairman of NCLR, Danny Ortega will expound on a recent letter written by the Members of the Congressional Hispanic Caucus in which members of the Caucus urge President Obama to immediately terminate all 287(g) agreements pointing out abuses committed by the Maricopa Count y Sheriff’s Office. The CHC letter follows a letter sent to President Obama by 521 civil rights organizations calling for the termination of the experimental Bush immigration policy.

"If Secretary Napolitano is serious in her announcement today that she will reform detention conditions," stated Salvador Reza of the National Day Laborer Organizing Network, "the first step she should take is the immediate termination of Joe Arpaio’s 287(g) agreement."
http://www.dailykos.com/storyonly/2009/10/6/790115/-AZ-Sheriff-Loses-287g-ICE-Immigration-Enforcement-Authority:-Critical-Moment-for-Immigration-Reform