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The Bird wonders why Sheriff Joe Arpaio put a U.S. citizen behind bars for simply appearing Mexican

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From the beak of The Bird to the ear of Stephen Lemons

Published on January 29, 2008 at 4:47pm

NO HOLDS BARRED

What ICE doesn't know won't hurt it.

That's the Sheriff's Office policy regarding immigration "holds" placed on those the MCSO suspects of being illegal aliens, a category covering everyone in town darker than the average eggshell.

Indeed, as part of Sheriff Joe Arpaio's recent posse-enhanced dragnet of central PHX, one The Bird dive-bombed during its press-conference kickoff ("Joe Show Blows," January 24), the MCSO placed an "MCSO ICE Hold" against U.S. citizen Israel Correa while he was in custody on the bogus charge of not producing a valid driver's license.

Why bogus? According to the incident report, obtained from MCSO flack Paul Chagolla, Correa was stopped about 10 p.m. January 18 because he was driving without his headlights on. The MCSO actually arrested Correa for failure to show ID, even though the report written by deputy C.A. Rangel notes Correa eventually produced a valid Arizona driver's license, just not quickly enough to satisfy Rangel.

Correa wasn't ticketed for driving sans headlights. Instead, he was ticketed for not showing ID, which he, in fact, produced. For not having insurance, which he has. And for not having his registration in the vehicle, though MCSO ran the car's plate, and found the registration was legit.

MCSO confiscated Correa's valid state driver's license, and on Rangel's report is Correa's valid Social Security number. So, why did deputies place an immigration hold on him?

Uh, maybe because Correa's skin is brown and he speaks English with an accent? Last time this lapwing checked, neither suffices to arrest someone on a trumped-up charge and hold them as a suspected illegal alien.

When Channel 12 first reported that Correa, a former candidate for Maryvale JP, was squawking that a hold had been placed on him, The Bird was skeptical. So the foul fowl called up Vinnie Picard, spokesman for Immigration and Customs Enforcement. Picard vowed there'd been no hold. Otherwise, he'd have known about it, he assured this avian.

The authority to place such a hold comes from ICE itself. Currently, Arpaio has 160 deputies cross-trained as ICE agents under a 287G program, in which local law enforcement receive ICE training and act under ICE's purview.

After chirping with Picard, The Bird caught up with Correa, who produced a printout of the MCSO's Booking Detail Report for him. Under a section called "holds," the words "MCSO ICE Hold" are plainly listed.

Correa repeatedly told the MCSO he was an American citizen, born in Maricopa County, no less. Correa claimed the MCSO didn't believe him because of his accent. He related the story of a female MCSO officer who was processing him into Fourth Avenue Jail.

"The lady was screaming at me," alleged Correa. "I told her, 'Ma'am, you don't need to be in my face, plus your breath stinks!' She said, 'You're not from here. This is a fake driver's license.' I said, 'It's not fake. I want to speak to an attorney, I know my rights.' I told her, 'I am a paralegal. I know the law too.'"

Correa was manhandled into one cell, then another. In the morning, he was informed he would not be released.

"They told me I had an ICE hold," said Correa. "I said, 'But I told you I was a U.S. citizen!' They said, "Yeah, yeah, come on.' Then they put me with all the immigrants. I was in there for like six more hours. I continued calling my family, and they kept calling the jail."

Yet Picard insists Correa was never under suspicion by the feds of being being illegal. MCSO informed Picard this so-called hold was really just an internal "flag" indicating Correa needed to be interviewed by a 287G deputy.

Why was he flagged, when MCSO had Correa's valid SS number and driver's license? MCSO told Picard it was because Correa wouldn't answer questions upon his booking.

After yakking with Correa at length, this cynical snipe doubts Correa's capable of being quiet for more than a few minutes, even though, as an American citizen, he had the right to remain silent.

Picard conceded that someone might be bewildered by an "MCSO ICE Hold" that's not really an ICE hold.

"No wonder he thought he was being held and examined by ICE," Picard observed. "Every indication that he had, from the paperwork, and what he was or was not told, indicated that. That's why I was confused, because we had no record of that."

The MCSO retained Correa's property after he was released, including a handgun that the arresting deputy said "had no criminal record." Correa insists he had a wallet with $2,000 in cash. Rangel's report states no wallet or money was found.

Correa told The Bird that since being let go, MCSO vehicles have dogged his residence, driving and parking nearby. He's also spotted a plainclothes cop taking snaps of his home.

Correa's attorney, Stephen Montoya, fears retribution from the MCSO against his client. Knowing Arpaio and the hunger for revenge that drives him and his lackeys, this falcon figures that fear's legitimate (see "Enemies List," Sarah Fenske, November 29, the opener of our "Target Practice" series on the unsavory antics of Joe and his Mini-Me, County Attorney Candy Thomas).

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