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On Monday, the Supreme Court in Arizona v. United States struck down three provisions of Arizona鈥檚 S.B. 1070 racial profiling law, but reinstated, for now, the most controversial provision, which requires Arizona police officers to demand the immigration papers of anyone they stop, arrest, or detain. S.B. 1070 makes racial profiling Arizona state policy. When a police officer asks for papers, it鈥檚 based on bias because there is no way to tell by looking at or listening to someone whether the person is lawfully in the United States.

In response, the federal Department of Homeland Security (鈥淒HS鈥�) announced a partial termination of its 287(g) program鈥攚hich deputizes state and local police to function as federal immigration enforcement agents鈥攊n Arizona. Monday鈥檚 DHS announcement was widely misreported in the media as marking the end of 287(g) in Arizona.

This is far from true. DHS has terminated only one type of 287(g) agreement in Arizona, the 鈥渢ask force鈥� model, while keeping all its 鈥渏ail enforcement鈥� agreements intact. 鈥淭ask force鈥� models involve roving police officers empowered to act as immigration agents, while 鈥渏ail鈥� models involve police officers screening people arrested and booked into jail. (Those jurisdictions are the Counties of Mesa, Phoenix, Florence, Pima, Pinal, and Yavapai, as well as the Arizona Department of Corrections and Arizona Department of Public Safety.

Even after Monday鈥檚 Supreme Court decision, DHS鈥檚 287(g) jail enforcement agreements remain in full force in Arizona. What does this mean for Latinos and immigrants in Arizona? State and local officers granted 287(g) jail enforcement authority will continue to have extensive immigration enforcement power, including issuing immigration detainers, processing people for immigration violations, and preparing immigration charging documents. This is not an end to the 287(g) program in Arizona.

The 287(g) jail enforcement agreements incentivize state and local police to engage in racial profiling and discriminatory policing. A series of critical reports by the DHS Office of Inspector General in 2010 and 2011 with the 287(g) program as a whole, finding that more than one half of the immigrants identified through the 287(g) program were arrested for misdemeanors, primarily traffic offenses. The OIG expressed a complete lack of confidence that the program鈥檚 "resources are being appropriately targeted toward aliens who pose the greatest risk to public safety and the community." One OIG report detailed the troubling delegation of immigration enforcement authority to jurisdictions under investigation for racial profiling (see page 23 of ).

The same type of racial profiling at the heart of S.B. 1070 is promoted by 287(g)鈥檚 delegationof immigration enforcement power to Arizona. The two regimes are first cousins of discrimination: both encourage and condone racial profiling by state and law enforcement officials. Now DHS must follow up and revoke all 287(g) jail/detention authority in Arizona, to ensure that DHS is not complicit in the same civil rights violations that SB 1070 will cause.

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