After Arpaio is Stripped of Immigration Powers, Conservatives Counter With A New Anti-Immigrant Bill
By Valeria Fernández &bull 10/28/09 • Categorized as Immigration News 
Workers are marched out of a carwash during Sheriff Arpaio's latest immigration raid. (Photo: www.PhotosByJoseMunoz.com)
PHOENIX, Arizona — After the recent decision by federal authorities to limit the power of Maricopa County sheriff ‘s deputies to enforce U.S. immigration laws, Arizona lawmakers are renewing a push to grant local police the ability to detain and question suspected undocumented immigrants.
A campaign in favor of the “Support Our Law Enforcement and Safe Neighborhoods Act” was launched after last week’s announcement that Maricopa County Sheriff Joe Arpaio had his powers limited by federal immigration authorities.
Arpaio had one of the largest forces in the nation deputized to enforce immigration laws on the streets and in county jails under an agreement known as 287 (g). But John Morton, assistant secretary of Homeland Security, said Arpaio’s sweeps were not consistent with the program’s new priorities. Under a revised 287 (g) agreement Arpaio’s enforcement powers are limited to the county jails. He can no longer conduct traffic stops in search of undocumented immigrants under the program.
The move by the Department of Homeland Security (DHS) has revived a decade-long debate in Arizona over whether local police have the inherent authority to enforce immigration laws. Some argue that a number of U.S. Department of Justice opinions –especially one issued in 2002– grant this power, while others say that several lawsuits over the years have made it clear such enforcement is unconstitutional.
After the recent announcement regarding Arpaio, the backlash against the federal government was almost immediate. [A poll published Tuesday said 60% of local residents disapproved of DHS' decision.]
Sen. Russell Pearce wants voters to decide on a trespassing bill against undocumented immigrants. (Photo: V. Fernández)
“The feds have been absent, and now they took it a step farther by refusing to let other people do their jobs,” said Republican Sen.Russell Pearce, promoter of the proposed measure.
Pearce, like Arpaio, believes local police have an inherent authority to enforce federal immigration laws.
But just in case there’s any doubt, the new bill would make it a crime to trespass on the territory of the state, allowing local police to arrest anyone illegally in the country.
If the initiative succeeds, Arizona could become the first state in the U.S. to criminalize the very presence of undocumented immigrants. Arizona has been called a “laboratory for anti-immigrant laws” for the rest of the U.S. In 2007, the state adopted one of the country’s toughest employer sanctions laws for companies that knowingly hire undocumented labor.
“Arizona is leading the way in the fight against illegal immigration,” said Andrew Thomas, the Maricopa County Attorney. He is expected to issue an opinion on whether local police can enforce federal immigration laws upon Sheriff Arpaio’s request.
If past efforts are any indication, the legislation faces an uncertain future. In the last two years, similar versions were either vetoed by then- governor Janet Napolitano, now the U.S. secretary of Homeland Security, or failed in the Republican-dominated legislature.
Pearce hopes his new initiative will be approved by Arizona voters in a November 2010 referendum.
In 2006, four ballot initiatives aimed at restricting undocumented immigrants –including one making English the official language of the state– succeeded with the approval of 70 percent of voters.
Workers detained in Arpaio's latest sweep were turned over to ICE. (Photo: www.PhotosByJoseMunoz.com)
“We will defeat these bills in court,” said criminal attorney Antonio Bustamante. A fervent critic of Arpaio, Bustamante said the proposal is clearly unconstitutional, since it tries to regulate an area that’s reserved to the federal government
While the bill’s future is uncertain, not much has changed at the street level since the federal government limited Arpaio’s immigration powers.
The sheriff is using state laws at his disposal to continue to conduct raids in Latino neighborhoods. The proposed new law could become another important tool for him.
During his latest raid, two weeks ago in a Latino neighborhood west of Phoenix, deputies arrested 66 people, 30 of whom were suspected undocumented immigrants.
Arpaio also conducted a work-site raid at a carwash where nine workers where arrested. Under the previous 287 (g) agreement sheriff’s deputies detained suspected undocumented immigrants and took them to county jails. Under the new agreement deputies simply call U.S. Customs and Immigration Enforcement to take the detainees into custody.
Arpaio is currently under investigation by the Department of Justice for allegations of racial profiling and abuse during his immigration crackdown.
“He’s mocking his own government and separating parents from their children in the process,” said Francisco Rojo, an undocumented immigrant who drove a bike to work on the day of the latest raid to avoid being pulled over. “I truly hope Obama will do something to stop him.”
Arizona’s congressional delegation has been largely silent about the changes to Arpaio’s 287 (g) authorization.
On Oct. 16th, Senator John McCain sent a letter to Secretary Napolitano asking why the Maricopa County Sheriff’s Office had been stripped of some of its powers. Unlike Arpaio’s agency, DHS has continued to allow six other agencies in the state to enforce immigration laws both within the jails and on the streets.
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Story says:
But John Morton, assistant secretary of Homeland Security, said Arpaio’s sweeps were not consistent with the program’s new priorities. Under a revised 287 (g) agreement Arpaio’s enforcement powers are limited to the county jails. He can no longer conduct traffic stops in search of undocumented immigrants under the program…..
Wrong, joe had a sweep as usual:
In response to the federal complaints regarding his activities, Sheriff Arpaio dispatched deputies on a two-day “crime suppression” operation. While heralded by the men and women he serves, Arpaio’s sweeps have been characterized as racial profiling by opponents of immigration enforcement.
http://www.canadafreepress.com/index.php/article/15967
Wooo Hooo! A State Gov’t that gets it. The Right of Law vs. the ‘feelings’ of Law Breakers, and those who support them i.e. the media. I am so tired of these scofflaws getting away with this nonsense by crying “the separation of families”, which is so bogus to begin with. The separation of your families is a direct consequence of the illegal aliens breaking the Law. This logic is something that people with common sense “get”. If I speed down the street and get a ticket, guess what? I am going to be mad and my “feelings” are going to be inconsequential as to weather I get the ticket or not. We have laws, unlike the country you came from. Our laws mean something to us. The illegal alien’s (and the media)insensitivity towards our regards for the law is something that should also be looked at seriously.
Anyone who is against enforcement of the laws of legal immigration is in a criminal conspiracy to defraud the American taxpayer. We are being robbed. Our children are being robbed and the open borders, amnesty advocates are acting against the interest of AMERICA and it’s citizens. If you encourage illegal immigrants to come here and subvert the immigration process, breaking every law they want to stay here and take American jobs away from Americans, you deserve to be arrested. This is a land of laws. GET IT? LEAVE, before we catch you and throw you out.
NO JOBS for illegal immigrants and they will go home the same way they came here.
Deportation by attrition.
“Workers”? “Undocumented?” This Latino writer is clearly pro-illegal and is trying to paint illegal aliens as “victims” when America and U.S. citizens are the TRUE victims!
Go get them Joe. The overwhelming majority of Arizona citizens (and according to polls, the citizens of the U.S.) are behind you. Don’t stop until the last whining illegal alien is returned to wherever he came from.
Title of story is incorrect. It’s a anti ILLEGAL immigration.
It’s always about the tribe, that’s why spanish surname writers use terms like undocumented workers, it’s a race thing. White supremist groups do the same thing but don’t get the “anyone but white” race pass the ethnic race groups have.
Meanwhile, the Feds better wise up. Gutting immigration enforcement in hopes of another mass amnesty for those undocumented democrats is their highest priority to remain in office. It’s also the fastest way to get removed from office.
Their goal is to replace you in the voting booth with a new, plyable, obedient, uneducated peasant voter to cancel out your well informed decision.
If Obama and his minions think that by giving amnesty/citizenship to the lawbreakers will cause them immediately to become model citizens, they sure have another think coming. Look at the AMERICAN astronaut aboard the last shuttle. He was called by Calderon of Mexico and congrautlated. Hernandez called him “my President!” What! When did Calderon become the President of the US? Or when did a person, born in this country pledge fealty to a foreign leader? I hope NASA is properly disgusted at this traitor.Theselawbreakers are not the immigrants of the mid-1800s, the last great wave. They do not seem to understand we now have laws, or if they do, they choose to ignore them. I hope this administration notices this. They will never be law-abiding and the criminal intents they bring with them will be carried out. Look at Mexico carefully for a glimpse into America’s future
I should have added the following to my recent post. The AMERICAN astronaut of Mexican descent. Sorry.
Ignorance on comments is astounding.
The idea that the civil war was won by the federal government is beyond the scope of most the morons who are posting on here.
It is simple – Being undocumented in the USA is not a criminal offense. It is a federal misdemeanor.
If you are one of this anti Immigrant pieces of trash who like to drive over the speed limit (even 1 mile over is speeding) but complain about being undocumented in the USA then you are nothing more than trash.
Local police should focus on community crime not federal and try not to drive huge swaths of that community into the underground by trying to go back to the civil war and declare the states’ rights over the federal government.
THIS BREAKING UP FAMILIES UNREAL? DONT COME OVER ILLEGAL POPOUT ANCHOR BABIES ? AND THEN WANT REAL 100 PERCENT AMERICANS OF ALL RACES AND COLORS TO FEEL SORRY FOR YOU LAWBREAKERS.JOE ARPAIO AND DEPUTIES ARE ALL AMERICAN LAW ENFORCERS BEYOND A SHADOW OF DOUBT?WHY IS IT AGAINST THE LAW TO ENFORCE AMERICAS LAWS? YOU THINK MEXICO HAS THIS PROBLEM? AN AMERICAN>>>>>>
It is sad that so many of you lose focus of your own status as immigrants. This is a land of immigrants. Talk about anti-immigrants – granted the law should be adhered to BUT it must be changed through policy. Not so long in our distant American past we (legally) restricted Italians and the Irish, later we excluded Chinese (Exclusionary Acts) -until the 1940s when we needed their help, then we criminalized the Japanese during WWII, then blacks, etc. It is so easy to forget the first Americans (no, they were not white with snow colored skin!). My point is: Don’t be hypocritical. Educate yourselves about what really is occurring with Immigrant legislation. The majority of immigrants continue to contribute to the economy and are not committing crimes. On a side note, I am sure all of you fascist are steaming with anger that we have a black president of African descent. I love it!
Why should Sheriff Joe Ariapo of Maricopa County, Arizona be even flustered by the feds stripping his use of the 287 G police, apprehend, detain, question suspicious people? When San Francisco mayor Galvin Newsom and Los Angeles Antonio R. Villaraigosa and all the other–SANCTUARY CITIES AND STATES, completely ignore federal laws? Sen. Diane Feinstein D-CA in 1986 along with the Board of Supervisors was the first to inaugurate the pro-illegal alien Sanctuary City policy in San Francisco, then the others followed. After that benefit-giving accelerated with free health care, education and illegal females who stole into America got instant citizenship for their Anchor babies. Taxpayers complimented their illegal actions with low income housing, free breakfast and lunches for her other children and a whole host of other undisclosed government payouts. Then why is the California screaming we are in debt, when taxpayer once again demanded no more free handouts in proposition 187, but the class action lawsuit was conveniently shut-off from reaching the Supreme court. City Manager Micheal Andronivich as far back as 2004 said illegal families were draining Los Angeles county coffers of billions. Even today California is not floating in red ink, as billions are still being drained by incompetent Sacramento assembly who have been pandering to illegal aliens for years.Laying around the Governor, Mayors, Judges, state and City officials is the murdered bodies of Jamiel Shaw and Bologna family of three, slaughtered by illegal alien gang members, whose police departments had failed to inform ICE before the bloody incidents happened. We certainly don’t need these anti-sovereignty elected public officials from running our country. Go to NUMBERSUSA for negative immigration enforcement grading and throw them out of office. Go to JUDICIAL WATCH for corruption revealed in government.
I want to let you all know that I have been talking to some lawyers and it turns out that the Sheriff does in fact have the authority to enforce Federal Immigration law without 287(g). 8 USC 1356(g)(10) states that state and local law enforcement can arrest illegal immigrants WITHOUT any specific agreement with the Federal Gov, ie 287g.
I emailed it to the Sheriff this morning, So get ready to see Mass Deportations of all the illegal aliens. Here is the link to the law:
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001357—-000-.html
Sorry the law is 8 USC 1357(g)(10.)
It is not anti-immigrant. It is anti-ILLEGAL immigrant. There is a major difference between the two.
Being an illegal Alien IS a Federal Crime punishable by up to six months in Federal prison. It is 8 USC 1325. Also, After they come here illegally, they commit numerous other felonies as well such as identity theft, social security fraud, and tax evasion. So that is a little bit different than a US Citizen driving 65 in a 55 MPH zone. Get a life. You are the piece of trash, and you should be deported along with your illegal criminal invader friends who are trespassing on our territory. We have laws, which everyone must obey in this country or face the consequences. If you dont like it, tough!! I dont care about hurting anyone’s feelings, I care about enforcing the law!
Spanish is gonna be the new dominant language in America, whether you like it or not. Of course you all racist wont be there to see it, you all will be long gone, so be happy you wont see it that day, BUT IT WILL HAPPEN.
Every state has the legal right to inforce immigration law. These states do not have to have the permission of LARaza, ACLU or any other open border wackos. All I have to say is more power to Sheriff Joe.
Isn’t it Exciting that Obama’s New Memorandum of Agreement is changing the KKK practices of Phoenix Officials. The use of 287(g) by your Sheriff A-hole is a rampant example of abuse of authority and misinterpretation. The issue extends far beyond illegal immigrants. ICE in effect had been created as a response to 9-11 and an enforcer of federal illegal immigrant legislation. Allowing the States to apply their own rationale under the old MOA was an error now recognized by the federal government. In times like these, where the true racist colors of a state begins to effect basic rights, the federal government must step in. I am sure glad Obama produced the new memo “telling it like it is.”
“Justin Says:
November 1, 2009 at 8:02 pm
Isn’t it Exciting that Obama’s New Memorandum of Agreement is changing the KKK practices of Phoenix Officials. “
I hereby declare that Godwin’s Law has occurred AND you have lost this argument.
http://www.google.com/search?hl=en&q=godwin%27s+Smithsonian&btnG=Search&aq=f&oq=&aqi=
You say we take your jobs…..are you going to work in a car wash or in the back of a fast food restaurant???? I don’t think so. How do you think they got the job in the first place???…..because no one else applied for the job you idiots..They come here to find a better life. But instead they come here and find themselves being racially profiled and mistreated…we are the victims…me and my parents were born in the U.S and we still get looked down upon by you white people. I am definitely not a racist but I sure can spot them out. and 99% of these people who left comments are racist. You say they should be deported and sent back to wherever they came from…well in that case all Caucasians should go back to Europe. This is our land and you came here and raped us of it and forced your language, your religion and mixed your blood this ours. We did not ask for that…and when we come back to OUR land, you say its yours and try to kick us out. You need to stop saying that “Americans” don’t want Hispanics here….its all America…North America, Central America, South America.
Monica Says:
“You say we take your jobs…..are you going to work in a car wash or in the back of a fast food restaurant???? I don’t think so. How do you think they got the job in the first place???…..because no one else applied for the job you idiots..”
No, those are jobs that historically high school kid took. However, the illegal alien invaders will work for less than minimum wage thus robbing these kids of there first experience in the workforce.
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Monica Says:
“They come here to find a better life.”
Yes, you are right. On our dime and unless you are a communist this is not right.
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Monica Says:
“me and my parents were …”
You sure you where born here?
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Monica Says:
“I am definitely not a racist but I sure can spot them out.”
That Monica IS profiling!
Bye