King: I Defend Joe Arpaio
Washington, DC- Today the Justice Department announced investigation findings stating that Arizona Sheriff Joe Arpaio, an ardent defender of liberty and a champion of immigration law has been practicing "discriminatory policing." Congressman Steve King released the following remarks in response to the biased and politically motivated conclusions
Congressman Steve King released the following remarks in response to the biased and politically motivated conclusions
"I defend Joe Arpaio," said King. "I think he needs to continue with the tent city. And I think that the Department of Justice should not be using themselves as a tool, a political tool, to push back against people that are working to enforce the law."
Related:
DOJ Formally Accuses Maricopa County of Discrimination against Latinos; DHS Rescinds 287(g) Agreement
Last Thursday, the Justice Department (DOJ) publically released a letter accusing the Maricopa County Sheriff’s Office (MCSO) of engaging in police practices that unlawfully discriminate against Latinos. (DOJ Letter to Maricopa County Attorney, Dec. 15, 2011) In the letter, Civil Rights Division Director Thomas Perez states that the DOJ is writing the letter to give Maricopa County “fair notice of the violations committed” and to outline the remedial measures the County must take.
In the letter, the DOJ accuses the MCSO of two types of unlawful practices. First, the DOJ claims that MSCO is engaged in “unconstitutional policing” in violation of federal law. Specifically, the DOJ states that MCSO racially profiles Latinos; unlawfully stops, detains, and arrests Latinos; and unlawfully retaliates against individuals who complain about MSCO’s practices. (DOJ Letter, p.1-2) These actions, the DOJ claims, violate 42 U.S.C. § 14141, which prohibits a “governmental authority” from engaging “in a pattern or practice of conduct by law enforcement officers … that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.” (Id.)
Second, DOJ accuses the MCSO of unlawfully discriminating against Hispanic inmates in the county jail. It states that MCSO deputies, detention officers, and other staff “routinely punishes Latino [] inmates for failing to understand commands given in English and denies them critical services provided to the other inmates….” (DOJ Letter, p.1-2) These actions, the DOJ claims, violate Title VI of the 1964 Civil Rights Act, which provides: “No person in the United States shall, on the ground of race, color, or national origin, … be subjected to discrimination under any program or activity receiving Federal financial assistance.” (42 U.S.C. §§2000d-2000d-7)
On top of these alleged violations of federal law, the DOJ writes that there are three “additional areas of serious concern” that it continues to investigate. These include: (1) use of excessive force against Latinos; (2) reduction of policing services to the Latino community; and (3) Gender or national origin bias by failing to adequately investigate sex crimes. (DOJ Letter, p.14-15)
Interestingly, despite the fact that DOJ depicts these alleged violations as egregious, it has not filed a lawsuit against MCSO since its investigation began over three years ago. This is especially noteworthy considering that the statutes DOJ cites expressly authorize it to file a civil action against a government agency that engages in unlawful discriminatory practices. (See 42 U.S.C. § 14141(b)) Nevertheless, the DOJ said it will postpone the filling of a lawsuit. “Given the systemic nature of MCSO’s constitutional violations,” Perez writes, “effective resolution of this matter will require the development of a comprehensive written agreement along with federal judicial oversight. We prefer to resolve this matter without resort to further litigation, although we will not hesitate to file suit, if necessary.” (DOJ Letter at p. 2)
The Department of Homeland Security (DHS) wasted no time acting on the DOJ letter. In a press release issued the same morning, Homeland Security Secretary Janet Napolitano announced that DHS was rescinding Maricopa County’s 287(g) agreement and “restricting” the MSCO’s access to the Secure Communities program. (DHS Press Release, Dec. 15, 2011) Apparently aware that Arizonans would object, Napolitano tried to reassure the public that immigration laws in Maricopa County will still be enforced. “DHS will utilize federal resources for the purpose of identifying and detaining those individuals who meet U.S. Immigration Customs Enforcement’s (ICE) immigration enforcement priorities,” said Napolitano.
Immigration and Customs Enforcement (ICE) Director John Morton also acted swiftly upon release of the DOJ letter. In his own letter sent to the Maricopa County Attorney, Morton announced that ICE is removing all alien detainees from Maricopa County jails. (The Arizona Republic, Dec. 15, 2011) Whether ICE intends to detain these criminal aliens elsewhere or simply let them go is uncertain at this point. Morton, however, also told the Maricopa County Attorney that ICE will no longer respond to calls from MCSO deputies involving traffic stops, civil infractions or "other minor offenses." (Id.) It is unclear how ICE can refuse to respond to inquiries from MCSO deputies and not directly violate 8 U.S.C. § 1373(c). That section provides: “[ICE] shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.”
Maricopa County Sheriff Joe Arpaio responded strongly to the federal government’s attacks. In a press conference held the same day, Sheriff Arpaio said: “[T]he federal government moved to do everything it can to put this agency out of the illegal immigration enforcement business. We are proud of the work we have done to fight illegal immigration. We have been responsible for finding and identifying 25% of the nation’s illegal alien criminal offenders in our jails. Sadly, much of that work will no longer be permitted by the Obama administration….Now, with the cancelation of [our 287(g)] agreement, illegal alien criminal offenders arrested and brought into our jails will go undetected and ultimately dumped back onto a street near you. For that you can thank your federal government.” (Video of Arpaio Press Conference, Dec. 15, 2011)
