Would you trust Joe Arpaio and his underlings to police themselves in the wake of U.S. District Judge G. Murray Snow's May 24 order, which found that the Maricopa County Sheriff's Office engaged in a pattern and practice of racial profiling and ordered it to cease?

Put another way, would you expect convicted Baseline Killer Mark Goudeau to give up his hobby of raping and murdering women if he were set free tomorrow?

As with Goudeau, neither Arpaio nor his flunkies have expressed anything approximating remorse.

True, there's a big difference between serial murder and targeting a whole community for scrutiny on the basis of skin color and ethnicity.

But each is against the law, and each man has relished the power he has wielded and the terror he's provoked in his victims.

Arpaio's sweeps and raids targeting Latinos tore apart families, made children weep for their mothers and fathers, and stripped even citizens and lawful permanent residents of their dignity.

In 2009, New Times published stories based on interviews with several individuals who'd been profiled or mistreated by the MCSO on the basis of skin color and ethnicity.

All are alarming.

Like the American citizen son and his legal permanent resident dad who were cuffed and held for hours like common criminals during an MCSO worksite raid.

Or the 12-year-old American citizen who, along with his green-card-holding dad, was zip-tied and made to sit with about 26 other Latinos who'd been arrested in a drop house next to their home.

Or the senior-citizen green-card-holder jerked from his car and his face bloodied because he didn't pull out his ID fast enough.

Then there are the children caught on video crying as their undocumented mother is taken into custody, or the kids who saw their parents on TV getting arrested for working without papers.

Most of these incidents weren't mentioned during the voluminous discovery in Melendres.

Sure, there was emotional testimony during the trial, and some of the evidence was infuriating, like e-mails to and from MCSO deputies containing crude jokes involving drunk Mexicans and other ethnic stereotypes.

But as I recounted in a previous column, Judge Snow, in his 142-page ruling, took a dispassionate, nine-month-long gaze at the evidence in the case.

The statistics, the experts, and the testimony of the MCSO's deputies and commanders led Snow to conclude that the office engaged in biased policing, violating the U.S. Constitution's Fourth Amendment prohibition against unreasonable search and seizure and the 14th Amendment's guarantee of equal treatment under the law.

Snow also had a rebuttal to those who figure that racial profiling against Latinos is A-okay, since most undocumented folks in this state are Latino.

The judge cited statistics showing that 31.8 percent of all Maricopa County residents are Latino, a figure about the same as the percentage of Latinos in Arizona overall.

The Pew Hispanic Center has estimated that 6 percent of the state's population is undocumented. Steven Camarota, a nativist on staff with the Center for Immigration Studies, has estimated the proportion of undocumented in the state at 8.9 percent.

Which means that, on the low end, even if absolutely every undocumented resident is Latino, an estimated 72 percent of the Latino population of this county is lawfully present. On the high end? 81 percent, according to the judge's cited statistics.

"The fact that someone is Latino in Maricopa County does not present a likelihood that such a person is here without authorization," Snow observes.

The MCSO has operated under the opposite assumption, treating all Latinos as potential suspects.

The agency insisted it could use race because that's how the feds trained deputies under the 287(g) program.

When U.S. Immigration and Customs Enforcement jerked the MCSO's 287(g) field authority in 2009, Arpaio's office claimed it could still enforce all federal immigration laws.

Snow disabused the MCSO of such assumptions in late 2011, pointing out that while it retained the authority to enforce criminal provisions of federal immigration law after the loss of its 287(g) powers, it lacked authority to investigate civil violations.

In 2012, the U.S. Supreme Court made clear in its decision on Senate Bill 1070 that, in general, "it is not a crime for a removable alien to remain present in the United States."

Removal from the country is a civil proceeding, you see.

That's why, a year earlier, Snow had been able to inform the MCSO: "Actual knowledge, let alone suspicion that an alien is illegally present, is not sufficient to form a reasonable belief he has violated criminal immigration law."

So while the MCSO could enforce state laws, such as human smuggling, it couldn't stop or detain someone on suspicion that he or she was present unlawfully.

When Snow rendered his latest decision, he noted that even after his December 2011 judgment ordering the MCSO to discontinue detaining people on such erroneous assumptions, the office persisted, "even when it had no accurate legal basis for doing so."

The MCSO's intransigence had "apparently resulted in the violation of this court's own preliminary injunction."

Snow set a hearing for Friday, June 14, to consult with the parties and "order additional steps that may be necessary to effectuate the merited relief."

Lawyers for the plaintiffs have made clear that they want an independent monitor, as is common in such cases, to make sure the MCSO and Arpaio leave race and ethnicity out of future law enforcement calculations.

Knowing this, Arpaio, the MCSO, and Arpaio's lawyer, Tim Casey, have bent over forward, assuring the media that the MCSO is out of the immigration business, at least until after June 14, which also happens to be Arpaio's 81st birthday.

But Arpaio's office already has defied Snow's order once, and it now has a lengthier list of orders from Snow to abide by, signaling the urgent necessity of an independent monitor.

Neither Arpaio nor his minions have a very good record of obeying orders, much less the law.

For example, despite several notices from the plaintiffs asking the MCSO to preserve evidence, the office destroyed stacks of it in Melendres — records from the sweeps and pertinent e-mails — and had to be sanctioned by Snow.

And though his handlers mostly have kept Arpaio muzzled on Snow's ruling, save for canned statements, Arpaio seems predisposed to blur what should be a bright line.

In a June 2 radio interview with KTAR's Jay Lawrence, he boasted that his agency had "locked up thousands and thousands of those in our country illegally."

Significantly, he mentioned that his lawyers would be going in front of Judge Snow.

"Don't forget, I still have state laws we've been enforcing, human-smuggling laws," Arpaio said. "We just arrested 80 in the past five weeks, for those who think I disappeared.

"I put out press releases, but the media never covers all of those that we arrest and book into our jail for class-four felonies for coming into our county [sic] from Mexico, but also the employer-sanctions laws."

You'd think Snow had neither ruled against him in 2011, pointed out that the MCSO had violated that order, nor imposed even more restrictions on the MCSO's enforcement of Arizona's human-smuggling and employer-sanctions laws.

Not only does Arpaio conflate federal and state law, he seems to hint that, depending what Snow decides after June 14, there may be a way around the order.

Snow should be on to Arpaio by now. Only a monitor will force Arpaio and the MCSO to cease their serial racism once and for all.

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111 comments
scott.huminski
scott.huminski

Glendale, AZ  

ARPAIO CRONY DEAD AT 36

Murder or suicide.  Media blackout.

Justin M. Nelson of Glendale died last October with zero media coverage (not even a obituary) under very suspicious circumstances.

Nelson is the central figure in a federal case being considered by the 9th cir court of appeals in San Francisco alleging MCSO and other law enforcement corruption.  In that case Nelson is quoted  recounting his meeting with Sheriff Arpaio regarding the law enforcement targeting of activist Scott Huminski.

There was an attempted murder of Huminski in May of 2012.

Nelson was not buried until last month, 9 months after his death because of law enforcement involvement.

Now there is one dead and an attempted murder of another concerning this Arizona law enforcement case.

http://www.dailypress.net/page/content.detail/id/542221/Justin-Michael-Nelson.html?nav=5004


elvagotrago
elvagotrago

Still here, still fighting, still holding the line.  Immies and libtards hate him.  The working man and woman support him.  Do la matematica, nuestra heroe.

brinvinn
brinvinn

That actually sounds like a pretty solid plan dude.


www.cyber-privacy.net

dwykoff
dwykoff

I read an article yesterday that The US Immigration arrested and is charging 7-11 stores in the North Eastern  area for hiring illegal immigrants and providing them with false SSN. So Maybe if Joke butted out of the Immigration Business then the fed would be able to do their job and they would actually prosecute said businesses. Busting the immigrants for a misdemeanor isn't stopping anything, Yes entering the country is a MISDEMEANOR. So how would you feel if you got arrested for Jaywalking and sent to prison for a year? Just because you broke a LAW.

john0430
john0430

I would like to know why the liberal voter's want the new immigration bill to pass if i am reading it correctly the enforcement part really clamps down on those who do not get accepted and im sure most of them have families. As far as Arpaio goes he would not be needed .

ggllww
ggllww

Yes, I would!

JOE, is the best thing that has EVER happened to Maricopa County!

One thing I can tell you that He does his JOB. That's why he is the most

Re-elected Sheriff. Every county, in every state could use a Joe...

john0430
john0430

People on here need to lighten up why not go and listen to or read George Carlin's 1972 opinion about the 7 dirty words you cant say on T.V. the 7th dirty word (tits) i agree with him it should not be on the list because it does sound like a snack,  tit chips  cheese tits  tater tits anyways google it and have a laugh

john0430
john0430

In the latest scheme of things Arpaio is small potato's compared to what is happening to all of us. We have Eric Holder the head of the D.O.J.and his hacks profiling and going after certian republican groups; ,we then have James Clapper head of the N.S.A.lying to congress about spying and recording on all U.S citizens and to round out the these injustices the I.R.S.is targetting patriots who disagree with the Obama administration.I think all of this is 4th amendment stuff and all of you should be very concerned about it the non citizens living amoungst us probably could care less about this due to where they came from but you people who voice disdain about Arpaio should start directing your energies and opinion's towards Washington.

missmary
missmary

All states should be so fortunate to have a sheriff Arpaio.  God help Arizona when he is no longer our sheriff. At least he is one elected authority that upholds the law and does not play games like others public officials do. The only people I have run across that have a problem with sheriff Joe are the ones that want to reward those that have circumvented the law or have friends or relatives who have.

Freddie
Freddie

"children caught on video crying as their undocumented mother is taken into custody, or the kids who saw their parents on TV getting arrested for working without papers" . . . Let the violins play.  Boo Hoo.  These mothers knew they would get caught one day.  They deserve it.

MaskedMagician1967
MaskedMagician1967 topcommenter

Pittsburgh had a DOJ-approved monitor and it was completely transformed in 2002.

NYC might be the next city to get a monitor because they have a 'stop and frisk' policy.

The Flaccid Failure and MCSO don't need a monitor. They need to be put into federal receivership. Maybe Judge Snow will agree to that.

john0430
john0430

So the hispanic's and their illegal brethren want to remove Arpaio his along with his deputies and replace them with whom?If the new immigration bill happens to pass will hispanic community think the new laws wont be enforced ?Reading some of the new immigration bill it appears the law is going to be much harsher towards the ones who do not qualify and the ones who smuggled themself's in after 2012. It should be interesting to see how Lemmons and his supporter's react towards a different sheriff and the new immigration laws.

DNichols
DNichols

Look at Arpaio's face in the picture.

That couldn't be the face of a "Racist" could it?!

shadeaux14
shadeaux14

In this case,

No monitor, no compliance.

toersbijnsc
toersbijnsc

Ethical conduct has been rewritten = what used to be wrong is today's right ... says it all for MCSO and some other public agencies. Trust has been eroded and public servants have turned into  politicians that want more power, more control and more authority.. oops, you are right.. they are all the same.. Oversight can only be attained through independent reviews and the open statement of facts without self-interest, motivation or self-service. You need somebody that can do a good job and report accurately without filtering the data to suit a desired outcome.

WhoKnows
WhoKnows topcommenter

Let's not forget this was the case where it was found that MCSO tried to destroy all sorts of evidence.  Who would trust them in monitoring themselves now?


It was a good thing that MCSO's IT hotdogs didn't know that the county had a backup of all the emails that MCSO was ORDERED to retain for the case!

Cozz
Cozz

What Arpaio really needs is a caregiver to change his depends on a regular basis...oh wait, he has Jaffy for that.

Never mind...

Dontbelieveit
Dontbelieveit topcommenter

What I want to know is WHEN is he going after the employers that hire them . Gangster joe at his best ,picking the lower hanging fruit ..................as usual

robert_graham
robert_graham

If Arpaio doesn't go out and hunt illegal aliens, I will!  And I don't think you'll like my enforcement.

sarum
sarum

@john0430 This one's for you.  This is Biblical.


Video: Ginni Thomas Actually Read the Immigration Bill… And It Sucks!

Read more: http://clashdaily.com/2013/06/video-ginni-thomas-actually-read-the-immigration-bill-and-it-sucks/#ixzz2WPslTvBA 
Get more Clash on ClashDaily.comFacebookTwitter, and YouTube.


As for your border questions - here are some recent games people are playing around that one.

Immigration: Gang of 8 member sees Sen. John Cornyn “in play” as Cornyn files 134-page border security amendmenthttp://trailblazersblog.dallasnews.com/2013/06/immigration-gang-of-8-member-sees-sen-john-cornyn-in-play-as-cornyn-files-134-page-border-security-amendment.html/
This is just positioning.  GOPers have publicly embraced the death of their party if they fail to move forward on immigration.  So in the name of saving the 2-party system this false pronouncement gives both sides of the aisle the freedom to momentarily work together for this globalist agenda all in the name of "patriotism."  They are patriots all right - to the global system that has made them wealthy - NOT to USA.
Here is follow-up on that proposal is faring (he knew it would get knocked down - it's just political posturing) hoping that most of us are too busy or too poor to keep up.
Graham, Cornyn trade public blows over Gang of 8 border amendment cost

Read more: http://dailycaller.com/2013/06/12/graham-cornyn-trade-public-blows-over-gang-of-8-border-amendment-cost/#ixzz2WPvkfMeN

kenwms60
kenwms60

@ggllww :  That's why Joe was found guilty of racial profiling.

cassityg32
cassityg32

Oh I agree 100%! Now that he can no longer nab those dangerous Mexicans forl there skin color crime he'll be reduced to, what? Going after men who forcefully have sex with 7 year old kids, their children, women who look vinerable.

P.S. FACT: OUR "GOOD" SHERIFF HAS A BIT OF A CRIMINAL HISTORY HIMSELF.& REALLY Is not Legally supposed to be Handling a firearm. Heard that last night, Did some checking and what do you know?? LOOK IT UP

car_del99
car_del99

@missmary I would call you an IDIOT but you are too STUPID to realize that..Remember, every time you use the toilet.. part of your brain is being flushed !!!

MotherJones
MotherJones

@missmary "At least he is one elected authority that upholds the law..."

Racial profiling is against the law. Federal judge Snow says Joe's been racial profiling.

Ergo, Joe is a criminal, and you are an idiot.

Next!

Tommy_Collins
Tommy_Collins

@missmary Do you realize, Mary, that the elderly elected official is a county sheriff, right? One of fifteen in the state? He has absolutely no control over any other county in the state. I am going out on a limb and thinking that you might be anglo and over 60, so it's not likely you would ever be subjected to any of the MCSO  abuses, especially if you have a license plate on your golf cart. As a decorated U.S. Army veteran and a retired professional police officer I have LOTS of issues with your shurf. You need to spend more time paying attention and less time praising the elderly elected official.

WhoKnows
WhoKnows topcommenter

@Freddie The case that Judge Snow just ruled on was about people that were in the US Legally.  All but one person was even a US citizen, and that one had a valid visa.

MotherJones
MotherJones

@Freddie And Arpaio goes down in history as a lawbreaking racial-profiling POS supported by a-holes like you. Let the violins play.  Boo Hoo. This sheriff knew he would get caught one day.  He deserves it.

cassityg32
cassityg32

Us white folk want his ass out 2

sarum
sarum

@john0430 Seriously?  NO, Rubio said path to citizenship 1ST, then worry about securing the border.  Others say border security is just lip service - all that they promised in writing we already have and it is working so well!  I would totally not be surprised if AZ becomes a FREE ZONE - free of national boundaries, free of citizenship requirements, free for any kind of predatory business model (that one is pretty much already true) free trade with no barriers (unless of course you cut in on Uncle Sam's turf) - I can go on and on with this picture but you can get the idea.  I just say be careful what you ask for - you may get it in spades.  (Spade as in shovel for shit OK?)

MaskedMagician1967
MaskedMagician1967 topcommenter

Shadeaux, I personally favor federal receivership of MCSO.

But a monitor will do nicely.

MaskedMagician1967
MaskedMagician1967 topcommenter

Cozz, what about Ava? I mean, she has to live with Joe, is married to Joe, has sex with Joe, etc.

FuckArpaio
FuckArpaio

@JoeArpaioFan  Good, then you will likely end up in jail where you belong.  In 20 years you'll be the archetypical racist-loving asshole who supported Arpaio that they'll teach kids about in the text books...just like they teach about the KKK.  History is not on your side, dickhead.  Oh, and Fuck Arpaio and Fuck You.

ProudAmerican
ProudAmerican

Go ahead and hunt them now moron!! Did you like the ruling? Hahahahaha!!!!!!!!Lets just wait for the DOJ decision he will probably end up in Jail and with the help of Hendershot they will lock up until he dies which I hope is soon!

IdontRecall
IdontRecall

@JAFFY QUACK, Tell me Jaffy, what kind of enforcement R U going to apply? Only thing comming to mind is that U R gonna try to suck their dicks. I think nobody will like that comming from a nasty fag like U, who probably smells like a whore who hasn't showered for a week.(just like UR mom) FKNG PUTO.

MaskedMagician1967
MaskedMagician1967 topcommenter

Sad little Robert, the hateful old man is barred from hunting immigrants.

Your enforcement will land you in jail. Then again, you can watch the narcissistic old man face the music for the terror, fear, hatred, and bigotry he's imposed on Maricopa County taxpayers from your prison cell.

shadeaux14
shadeaux14

@JoeArpaioFan So, Jaffy, you intend to impersonate a law enforcement officer, hold people against their will (kidnapping) and quite possibly do all this while armed (use of a firearm in the commission of a felony.)

You go Jaffy.

Dontbelieveit
Dontbelieveit topcommenter

@JoeArpaioFan Jaffy  you know damn good and well YOU are not going to do ANYTHING but clean toilets at BK .How do you propose to hunt them down ......On you three wheeled tricycle your momma got you for Christmas?WHAT  a laugh!

danzigsdaddy
danzigsdaddy topcommenter

@JoeArpaioFan by the way....that is vigilantism and IS illegal. so are you now advocating breaking the law? and you are also posting your intent which would show premeditation to your crime.

danzigsdaddy
danzigsdaddy topcommenter

@JoeArpaioFan oh do tell skippy..........and what pray tell will you do? we are just dying to know....will you clean their toilets like you do BK's?

sarum
sarum

Interesting . . . I didn't even see this Ben Gazi vid.  I guess if you link to that site they are going to tack on their own stuff but I'm not complaining - the uninformed voters portrayed are obviously not in AZ.  This is a nationwide problem.  This is what our politicians count on with us.

sarum
sarum

@john0430 IOW the war is now on our own soil - it just doesn't look like a traditional concept of war.  Doesn't need to.  Unemployed cannot eat much less purchase weaponry.  Continued media harping on racism keeps people confused and divided . . . and wins the war for  global corporatists.  Poverty pimps like Al Sharpton and Jarrett Maupin are too greedy to get past that to a healthy truth that has no racial divide - their fortunes rise and fall with those of the oppressors.  A nation destroyed with concepts and words, not artillery.

MaskedMagician1967
MaskedMagician1967 topcommenter

Italy won't accept him. Neither will Massachusetts.

MaskedMagician1967
MaskedMagician1967 topcommenter

Can't do that MotherJones. Arpaio was born in Springfield, MA. (And he's very unpopular there).

MaskedMagician1967
MaskedMagician1967 topcommenter

Would we do an audit of the MCSO's books while the Flaccid Failure is zip-tied?

Or maybe compel the hateful old man to disclose his financial dealings?

Anyother suggestions are accepted and appreciated Haddie.

HaddieNuff
HaddieNuff

@MaskedMagician1967  But can't we at least have him sit on the curb zip tied for a few hours?  After all, he is an 'anchor baby,' and being an American citizen and having parents who are legal immigrants isn't enough for MCSO apparently. Where's the difference?

MaskedMagician1967
MaskedMagician1967 topcommenter

Sorry about that truth.

Now that you mention it, I'm reaching for the vodka....

 
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