Joe Arpaio Still Silent on Judge Murray Snow's Ruling on Human-Smuggling Investigations

Sheriff Joe Arpaio isn't yet ready to comment on a federal court ruling aimed at hampering his ability to investigate immigration crimes during traffic stops.
Maricopa County Sheriff Joe Arpaio seems to have been stunned into silence by a federal court ruling intended to hamper his office's ability to conduct immigration enforcement operations.

U.S. District Judge G. Murray Snow ruled last week in a racial-profiling lawsuit against Arpaio and the Sheriff's Office that deputies can no longer stop people, as usual, to investigate suspected violations of the state's human-smuggling law. In court last week, MCSO lawyer Timothy Casey argued that such a prohibition could affect the agency's ability to do its job.

So far, Valley residents haven't seen the sort of bluster by Arpaio that immediately followed the December 15 Justice Department announcement about MCSO's racial profiling. After he was told by the feds that his agency has committed some of the worst racial discrimination by police in U.S. history, Arpaio responded with a news conference in which he stated repeatedly that he will "continue to do my job and enforce all the laws -- so I think ... you'll see that very soon."

 

This is a different situation. Judge Snow didn't just issue a caustic warning and threaten to sue the Sheriff's Office, like the DOJ did.

Snow's order in the Melendres lawsuit enjoins Arpaio's deputies from detaining any person based only on the belief that the person might be in the country illegally.

Arpaio had been justifying his roundups of illegal immigrants during his infamous crime sweeps by arguing that he was enforcing the state's human-smuggling law. At a hearing last week, Judge Snow and Casey argued over the method of that enforcement.

Typically, deputies have stopped someone based on a pretext violation, such as a broken headlight. Based on the suspicion that the motorists or passengers were in the country without papers, deputies could then "investigate" whether the state crime against human smuggling was violated. Snow says deputies can't do that any more.

Snow's ruling also opens up the lawsuit to any Hispanic who's been pulled over by the MCSO since 2007.

We asked Arpaio's office this morning whether it was ready to comment on Snow's ruling.

"At this time we have not seen any official documents or paperwork, therefore we are currently unable to comment on the ruling," wrote Sergeant Jesse Spurgin in reply.

Apparently, the Sheriff's Office doesn't consider the ruling posted on the government's PACER federal court site "official."

Arpaio's people apparently need more time to tailor his response.


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秀年 许
秀年 许

 

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Mari
Mari

This article would be much more believeable had the auther reported facts rather then opinion!

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Coz
Coz

Lets hope Bozo Joe goes on about his BS and gets held in contempt in Federal Court.

Yourproductsucks
Yourproductsucks

That is an east order to follow since no one has been detain on the pretext alone of them being in the country illegally.

Tommy Collins
Tommy Collins

But,YPS, the federal judge has just ruled that in many demonstrated cases that has actually happened.

I guess if you folks at MCSO say it long enough and hard enough you will begin to believe it. You have been listening to your boss, the Flaccid Fool; and your former boss, Hendershott, way too long.

You need to get away from MCSO so you can become a free thinker. Unless, of course, you enjoy being mind controlled by an elderly man.

Yourproductsucks
Yourproductsucks

Reasonable suspicion of a crime being committed, having been committed or about to be committed is precedence for any stop and/or detention to be valid.  

Judge Snow's order appears to be an attempt at curtailing the enforcement of immigration laws.  ICE and Border Patrol work under the same constraints of reasonable suspicion and provided the necessary precursors to the Sheriff's Office in reaching reasonable suspicion.  ICE trained deputies based on their rules and regulations.  

In saying that, I have never been a fan of the immigration enforcement by anyone other than the Feds.  I voted for Pacheco, not Thomas.  I felt Thomas' platform in getting the County Attorney involved in Immigration issues was shortsighted and irresponsible.

I have never voted for Arpaio.  I don't agree with how things have gone nor how people have been treated.  The attack on Judge Donahue is incredulous.  The MACE unit, the failed sex investigations, the lack of focus on keeping patrol staffed and safe, all things Hendershott/Black/Fox/Burdin/Drivinghawk, the misuse of JEF funds, the bullying, the lies, the deceit; all of these things (and many many more) are a travesty.

I believe very little of what Hendershott and Arpaio say or do.  I still don't allow my personal feelings to keep me from attempting to be objective.

Bobunf
Bobunf

YPS wrote "no one has been detain on the pretext alone of them being in the country illegally."

That's neither what the Judge ruled, nor what the Sheriff's attorney argued.  Casey's argued that if the Sheriff has a "reasonable suspicion" that someone was illegally in the US, this suspicion alone allowed him to detain the victim while the Sheriff investigated whether or not the victim was in violation of Arizona's human smuggling law.  The rational being that illegal presence was one element of the crime and that should suffice.

The Judge repeatedly and sharply disagreed, at one point asking Casey: If you fixed my door, and I offered to take you to lunch, that will satisfy one element of the Human Smuggling Act - transporting for a commercial purpose.  You can't seriously argue that these acts authorize the Sheriff to detain you and me while he investigates a possible human smuggling violation.

The Judge ruled, as a matter of law, that if the Sheriff knows (let alone has mere suspicion) that someone is in the country illegally, the Sheriff is not authorized to do anything.

Tommy Collins
Tommy Collins

["The Judge ruled, as a matter of law, that if the Sheriff knows (let alone has mere suspicion) that someone is in the country illegally, the Sheriff is not authorized to do anything"]

Another good point you've made.

Interestingly, the MCSO sheriff, in 2005, stated that it is NOT the job of a county sheriff to enforce immigration law.

Then, in 2007, when he discovered the money and votes tied to 287(g) authority, he suddenly became "the only one enforcing immigration law".

Now, in 2011, he has been reminded by Judge Snow that he was right in 2005.

I guess the MCSO sheriff has lost his ability to 'recall', huh?

Bnbk
Bnbk

YPS,are you posting comments during happy hour?

Yourproductsucks
Yourproductsucks

It certainly appears that way...

Posting from my phone can be an adventure.

Bnbk
Bnbk

Ahh yes,that can be difficult at times.

shadeaux14
shadeaux14

YPS,

And I'll bet you criticize Hispanics for their English skills.

anonymous
anonymous

The Sheriff is too busy campaigning in Iowa with Rick Perry to worry about any of this.

He got in a few comments though.

Perry spoke for less than 10 minutes, after an introduction by Sheriff Joe Arpaio of Arizona, who has made a name for himself for tough treatment of illegal immigrants.   Arpaio has drawn Justice Department allegations that he has unfairly targeted Hispanics for detention and arrest. Arpaio characterized the move as a “sneak attack” by the Obama administration in brief remarks here today.http://caucuses.desmoinesregis...

anonymous
anonymous

"Arpaio, who briefly introduced Perry at the start of the event, called it a "sneak attack" by the Obama administration but suggested a president like Perry would allow him to continue his work unfettered. In a Fox News interview after the charges were revealed last month, Perry defended his supporter, saying people that people were "out after Sheriff Joe." Arpaio campaigned with Perry in New Hampshire just after Thanksgiving. But his presence seemed much more effective in Iowa,"

http://www.cbsnews.com/8301-50...

Not Surprised
Not Surprised

So, I'm confused.  Who's Arpaio campaigning for, Perry or himself?  LOL

VIMIIS
VIMIIS

Amen to that Tommy.  He is also looking to inflate his contributions from outside the state. He could care less about Perry. 

Tommy Collins
Tommy Collins

If there wasn't something potentially in it for him the elderly wheezer wouldn't be there. His personality ONLY does for himself, no one else. He sees a way that Perry could help him if Perry were to become President, which isn't likely. He also sees it as a way to inflate his persona to an audience outside the very state he is SUPPOSED to be working in.

Where the people elected him. A COUNTY sheriff.

Coz
Coz

Speaking of another BS Politician...

'Transformation': Perry now opposes all abortion, even in rape or incest casesBy NBC's Carrie Dann OSCEOLA, Iowa -- In what the Texas governor calls a  "transformation," Rick Perry on Tuesday said that he has reversed his acceptance of abortion in some severe circumstances, saying that he now opposes the procedure even in cases of rape and incest.

Coz
Coz

Question is who's paying for all this campaigning while on Maricopa County tax payer money.

Tommy Collins
Tommy Collins

["Maricopa County Sheriff Joe Arpaio seems to have been stunned into silence by a federal court ruling intended to hamper his office's ability to conduct immigration enforcement operations."]

Stunned into silence? The Flaccid Fool?

I don't think so.

He is just so busy trying to get Mr. Perry those needed Iowa caucus votes that he can't be bothered with trivial matters in Maricopa County, Arizona, where he is SUPPOSED to be worried about running a large law enforcement agency.

I am predicting he will come out with mush stating that his agency will follow the rule of law, as always.... but he will never directly agree to any terms set by Judge Snow.

After all, Judge Snow is ONLY a federal judge and not somebody important, like a mere county sheriff.

Bobunf
Bobunf

Sheriff Arpaio doesn't have to agree to any terms set by Judge Snow.  The Judge issued an injunction.  If you violate an injunction, there's no defense, except you didn't do it.  

The next step for the Judge is a contempt citation.  Say a fine of $100,000 per day levied against the County, $10,000 per day against the Sheriff personally.and $5,000 a day personally for any Deputy who conspires to violate the injunction.  Sanctions can escalate from there.

You don't violate a Federal injunction.  The Judge told you not to do it; you don't do it.  Period.

Tommy Collins
Tommy Collins

Understood, Bob. Good point. By "agreeing" to the injunction the old goat will be saying that he and his agency will no longer go by "the rule of MCSO law" and will start abiding by accepted Arizona and Federal laws and the Constitution of the United States, as amended.

If the wheezer is stupid enough (let's not assume he isn't) to be in conflict with the injunction then YES, it's time for the daily fines as you have suggested.

The problem in this issue is that we have a geriatric and mentally ill county sheriff living in his bubble, thinking he is more important and has more authority than a federal judge. I am expecting him to passively challenge the judge in some way, just to show his adoring public how 'tough' he really is (at least in his mind, lurking behind the plastic pistol tie tack he wears).

I guess the only question is going to be, "Will Judge Snow have the moxy to take needed action to correct the behavior of this demented elected official?"

I think so.

Gerry_C
Gerry_C

That picture sure seems to be an age appropriate constipation picture.  He is full of shit, but spews all the time.  As the title says, it is not coming out on this issue, hence the picture.

Dave Francis
Dave Francis

Departmentof Justice Eric Holder, Attorney General of the United Stateshas found some pretext to block the South Carolina Election law. Yetto Conservatives it must be mandatory to prove that individual has a right tovote by possessing a photo Identification? Make a Judgment if this is a wrongapproach in checking a person’s right to vote. Or is this a devious way forDemocrats in opening the door to millions of non-citizens to register and amassa massive voting bloc in stealing elections? Voter fraud has not just beenwidespread in 50 states and federal elections, but also in gubernatorial andmunicipal races? This is especially manifest in close election races. Nobodyneeds to take my word for it, but type into your favorite 'Search Engine' suchas Google the term Voter fraud. Through the magic of Google, you can accessmany early articles from their archives about this ugly subject.

 

 

Butremember that the Liberal influence in the press, have always asserted theirrhetoric and half truths that Voter fraud doesn't exist? It does and theevidence has been damped-down, so it doesn't get wide publicity. Beforeeven the appearance of ACORN, they had been voter fraud in hundreds of countiesacross America. The Democrats and its Liberal aggressive side have notprecluded non-citizens from voting? In fact for decades they have beencomplicit, in ignoring the laws of the elections and not condemned anybody whocould sign their name on a registration. ACORN which is supposedly extinct, isnot? It has apparently reorganized itself, even after many of its canvassershave been prosecuted for hundreds of thousands of non citizens registering. TheTEA PARTY, the larger population of physical Conservatism will be especiallyobservant in every constituency in every polling station throughout America inthis year elections. To really be educated on the seriousness of this growingissue, every American born here or legalized should start by reading theconnection between "Department of Justice, President Obama and theresurrected Acorn organization.

 

 

Evenpeople, who have taken the arduous immigration route, should read articles aspublished in the "Right Side of the News" website entitled, WeeklyUpdate December 3, 2011: Solyndra, Obamnesty and ACORN. Type these wordsinto the news section of the Search engine.  To be more aware of thesecret undermining of Taxpayers money, going to radical groups; readers shouldlearn the connection between the Obama Administration, the Department ofJustice, ACORN, SEIU, AFL/CIO and other Unions, because the General Electionfor the next president is crucial that only citizens vote in the election of2011. Perhaps you should recall that Barack Obama was an attorney for the ACORNorganization in the past. Another web location is 'American Patrol' that is anupdated daily site, that gives a viewer an in depth realistic approach to therot that has been creeping through Washington for years. Such editorial notgoverned by the censorship of the Liberal media. 

 

DaveGibson -- The Examiner   

Nojail time for restaurant owner who hired dozens of illegals  San Diego -- On Thursday, Michel Malecot, 59, the owner of The French GourmetInc., was sentenced to five years probation and ordered to pay a fine of$396,575 in U.S. District Court. It was the second time since the 1990's thehigh-profile restaurateur was caught hiring illegal aliens. -- In October,Malecot pleaded guilty to a misdemeanor charge and avoided any jail time,though he admitted to hiring...

WorldNetDaily

ACORN leadersramp up White House visitations  Operatives of the radical left-wing ideology of ACORN appear to be working withthe Obamaadministration on a strategy to tilt the 2012 elections in favor of Democrats,according to award-winning investigative reporter Matthew Vadum. ACORN leadershave made multiple visits to the Obama White House and the Department ofJustice, new evidence shows...

Rachel Alexander -- Townhal   

Obamatargeting police nationwide to divert from Fast and Furious  Either there has been a huge increase in discrimination by law enforcementduring the Obamaadministration, or Obama is targeting law enforcement for politically motivatedreasons. In the current era of heightened sensitivity to racism and policebrutality, it makes no sense that abuses by law enforcement are increasing. TheU.S. Department of Justice's sudden flurry of investigations...

Federale -- VDare    

ICE,More Concerned About Hello Kitty than deporting invaders  Than illegal aliens. In two stories ICE expended hundreds of man hours and tensof thousands of dollars on an investigation of counterfeit Hello Kittymerchandise but U.S. Immigration and Customs Enforcement refused to takecustody of six illegal aliens captured by Sheriff Joe Arpaio's Maricopa CountySheriff's Office. -- "Authorities conducting a six-week counterfeit sweepin three countries seized 327,000 phony items..."

WorldNetDaily    

U.S.Army uniforms to include Muslim headscarves, turbans? After intervention by the Council on American Islamic Relations, the DefenseDepartment reportedly decided it will now allow Muslim students participatingin the Junior Reserve Officers' Training Corps to wear headscarves and turbanswhile in uniform. -- The decision marks the latest influence by controversialIslamic groups on military affairs...

Big Government      

EricHolder blocks South Carolina voter ID for racial reasons  Eric Holder has been on a racialist bender the last few weeks. Last week, hesaid his skin color is responsible for the fury of criticism over his JusticeDepartment allowing thousands of guns to flood Mexico. Friday, he blocked SouthCarolina from implementing a voter ID law under the Voting Rights Act saying itwas racially discriminatory...

JamesSimpson -- The Examiner    

 

Evenas I draft this commentary their two bills are being rushed through Congress inan attempt by the entertainment industry to clamp down on online file-sharingand piracy. But the truth be known, the real enforcement is to stop the voiceof the people? To suppress the investigative information revealed of thecover-ups like insider trading by politicians. The established hard liners inCongress have become a mess of corruption, totally devoid of carrying out thepeople’s will.   Why do you think this areviled censorship bill, SOPA, is a nasty taste in America's mouth? Of coursewe are not being told the whole truth. They want to shut down the investigativejournalism in news blogs, social media, and online reporters who are providingsurgical coverage that is completely immune to any allegiance to the two mainpolitical parties, their plans, or the psychological engineering of polls sothey can manipulate a positive answer for the cause of Liberals, Democrats, themajor core of wealthy Republicans and what they materially want?

 

 

Thepolitical hierarchy doesn’t like being questioned about the corruptionspreading through Washington and the state capitols.  A watchdog political group, non-profit groupthat overlooks the government, and the court systems, is alocation to read the real news. The site posts a summary of the court casesthey are pursuing along with related news stories. Judicial Watch is anoutstanding voice of the people and the continence of our legal foundation,applied in the US constitution. The Obama administration has successfullypressed for the ominous agenda of ‘Political Correctness’ cancelling out whatAmerican blood has been spilt for since the Revolutionary War againstaggression. 

 

 

The meandering way out of Obama’sadministration mess, is to vote out every Liberal and Democrat progressive andthat includes deep entrenched Republicans. Only the TEA PARTY can reject thecorruption instilled in the Congress. Make illegal entry punishable as a felony,not a civil offense. Build the real 2006 Double border Fence. TheTEA PARTY will not tolerate illegal immigration or any form of amnesty,including Sanctuary cities, dream acts or covert enactments by disguisingImmigration Reform.  The TEA PARTY will support Arizona,Alabama, Georgia and other states against any retribution by the Democratic orRepublican establishment.   Remember illegal aliens do vote infederal elections, and we all need to contact our politicians, to officiallyscrutinize voter rolls and specifically absentee ballots.   

 

It is worrying that prominent presidentialcandidates such as former House Speaker Newt Gingrich is promoting a policy ofamnesty or legalization of illegal aliens, as if it is the only fair or viableoption; it is not? Indeed, the only fair and feasible option is a policy of“attrition through enforcement” by implementing E-Verify to reject foreignworkers and replacing them with American citizens and legal residents. Inquintessence, E-Verify will enforcethe immigration laws that are already in the federal register.  Over time, illegal aliens would not be ableto find work and would not be able to receive public benefits and would have noother alternative but to return to their home nations -- and most would doso.  This would free up millions uponmillions of jobs for jobless Americans and legal immigrants.  And with 22 million Americans unable to finda full-time job, shouldn't putting these Americans back to work be everyone'stop priority?  

 

        Just today I learned from a cousin inCalifornia of the seriousness of ID theft, specifically the Socially Securitynumbers of infants and older children. Parents are unaware that illegal aliensand criminals are using these SSN, in accumulating hefty credit fraud on theirchildren’s number. The television crew even confronted the thief’s, aftertracking them down. They had to arrange interpreters for these criminalindividuals to comprehend this fraudulent activity. One child of 14 had acredit debt of $37, 000 and a 3 year old $375.000 in auto loans and mortgages.Both criminals ignored the accusations and walked away, after the anchor personsaid he wasn’t the police. I immediately phoned up my ex-spouse and asked herto check my 13 year old sons Credit report, who has Asbergers disorder. Fromthe conversation with my cousin, either the authorities, credit bureaus or theidiots in Washington have done zero about the appalling predicament. Parentsshould be alarmed that their son or daughters future credit may have alreadybeen compromised. The investigative reporter said 1 in 10 children’s numbernationwide have already been violated. That SS number can also be used byillegal alien criminals to vote and collect a variety different welfarebenefits. From what I have researched Democrats are the main instigators ofcompletely ignoring voter fraud, which could be a major menace of futureelectoral cycles.

 

LamaSmiths E-Verify “the Legal Workforce Act."  At the very least,it is a step in the right direction to obstruct illegal labor from takingAmerican jobs.  Even if E-Verify has someflaws and some illegal aliens can obtain employment, it won't last very longbefore new upgraded version of E-Verify will be able to detect criminal alienworkers. ICE has already gained the implementation of Mississippi’s DriversLicensing Bureau, so as citizens WESHOULD DEMAND THAT EVERY STATE VEHICLE DEPARTMENT GIVE ICE THE DIRECTIVE TOACCESS THEIR PHOTO ID DATABASES, TO CROSS REFERENCE WITH ALL HIRED WORKERSBEING CONFIRMED USING E-VERIFY. Those hired illegally will be caught eventually when the irregularitiesare corrected and ICE auditors return to a previous company. It's better tohave something as a deterrent, than to have nothing atall.   

 

 Of course the usualfundamental voices are raised, as critics opposing this Historical ImmigrationBill, H.R. 2885 are searching for any loophole to render it impotent. They areusing what inflammatory idiom or lies they can muster against the passage ofE-Verify “the Legal Workforce Act." First they have contested, as a fewlegal American workers have been turned away after being hired. So thatindividual just addresses that grievance by going to their local Socialsecurity office; illegal aliens will stay not venture anywhere near thisagency. None of the Liberal media will inform their readership of this? Learnmore information at NumbersUSA. Other websites that will deliver thefacts about the criminal element, with wide ranging access to the E-mediais the (FAIR) Federation of American Immigration Reform And (CIS) Center forImmigration studies.  We can all stand with our fellow joblesscountryman by Calling House and Senate Leadership NOW at 202-224-3121; theCapitol Switchboard.

Coz
Coz

what a moron.

Vic
Vic

What a waste of time and space that FAIR nonsense is.  You are not evenhere in Az, go do some other nasty post for the Koch Bros, better yet justgo away.

woefatcat
woefatcat

I love how you tell us to google voter fraud and then tell us not believe what comes up. The cry of "Voter Fraud" is the only fraud here.

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