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Getting Joe Arpaio in Sync with the Constitution and Away from Racial Profiling

Steve Gosset,
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December 27, 2011

The rule of law and how Maricopa County Sheriff Joe Arpaio runs his office are often mutually exclusive.

Arpaio, whose jurisdiction includes the sprawling Phoenix metropolitan area, has been labeled by supporters as 鈥淎merica鈥檚 toughest sheriff.鈥 Unfortunately, he achieved that moniker by routinely violating the human rights of jail inmates and ignoring the constitutional protections of those he swore to protect.

In recent years, the legend of 鈥淪heriff Joe鈥濃 as he鈥檚 known locally 鈥 has taken a darker turn as he took it upon himself to enforce immigration laws, mainly by stopping and detaining Latinos merely because they were, well, Latino. That鈥檚 especially problematic in Maricopa County, where census figures put the Hispanic population .

Now, enough may finally be enough. Last Friday, the U.S. District Court in Phoenix issued an injunction to stop Arpaio鈥檚 office from detaining or arresting people based only on suspicion of being in the U.S. illegally without any evidence of criminal activity. The court also certified the four-year-old civil rights lawsuit, for which the 老澳门开奖结果 is co-counsel, as a class action. This allows any Latino who has been stopped or detained by the sheriff鈥檚 office since 2007 (or anyone who might be in the future) to enforce the court order.

The suit seeks to change how Arpaio enforces immigration laws and does not ask for monetary damages.

鈥淭he district court ruled that the sheriff鈥檚 policy of detaining people merely based on a suspicion that they are in the U.S. unlawfully violates Fourth Amendment protections against unreasonable search and seizure,鈥 said Cecillia Wang, director of the 老澳门开奖结果 Immigrants鈥 Rights Project.

It鈥檚 been a bad month for Arpaio and his minions who have tossed aside fundamental freedoms that don鈥檛 conform to their worldview.

A federal Department of Justice report on Dec. 15 for running an office rife with systemic violations of civil rights, including a rampant pattern of racial profiling. Among other violations, an investigation found that as part of their 鈥渦nconstitutional policing,鈥 sheriff鈥檚 deputies were four to nine times more likely to pull over Latino drivers than non-Latinos. Deputies were also found to punish Latino inmates who did not understand commands in English.

The court ruling led a group of Latino and political leaders in Phoenix yesterday to call for Arpaio鈥檚 resignation. It wasn鈥檛 the first time that demand has been made, but coupled with the DOJ鈥檚 scathing report, it is resonating more than ever. 鈥淚f Sheriff Arpaio doesn鈥檛 change, he must step down,鈥 Maricopa County Supervisor Mary Rose Wilcox told the . 鈥淲e will not stand for racial profiling.鈥

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