Joe Arpaio's Workplace Raids the Subject of a Lawsuit Filed by Immigrant-Rights Groups

Categories: News
arpaio-driving.jpg
MCSO


After more than 80 workplace raids carried out by the Maricopa County Sheriff's Office, immigrant-rights groups have teamed up on a lawsuit that seeks to put and end to the raids.

The groups, including Puente Arizona, the American Civil Liberties Union of Arizona, the National Day Laborer Organizing Network, and others, say MCSO is overstepping its bounds with felony arrests of undocumented workers.

See also:
-Bill Montgomery Is No Immigration Moderate
-Undocumented Worker Found "Not Guilty"

Using a false or fictitious identity to gain employment only became a crime in Arizona through a pair of laws in 2007 and 2008, and those laws have since been used by Arpaio's office to swoop in on places like restaurants and arrest undocumented cooks and dishwashers. Nearly 800 arrests have been made to date.

"Maricopa County is the only jurisdiction systematically enforcing these tools given to it by the state legislature," ACLU of Arizona legal director Dan Pochoda says in a statement. "We know from past experience that when the MCSO gets into the business of immigration enforcement, it's a recipe for discrimination and abuse."

For one, the class-action lawsuit argues that Arizona's laws, championed by recalled Senate President Russell Pearce, are trumped by federal law.

"Arizona's passage of laws to penalize undocumented workers' use of false or fictitious identities to 'obtain or continue employment' directly intrudes upon the federal government's exclusive authority in the (federally-created) employment verification process," the lawsuit states.

The lawsuit points out various portions of the law that directly conflict with the federal employment laws.

The groups also claim that the laws violate the Fourteenth Amendment's equal-protection clause, alleging that the "Legislature acted in a discriminatory fashion" in the process of passing these laws.

Using a false identification to work was made a Class 3 felony, whereas someone under the age of 21 who uses a fake ID to buy liquor is guilty only of a misdemeanor.

Many of Pearce's own statements from when he urged the passage of these bills are used against him, as evidence that these laws were intended to discriminate against people based on their alienage.

"Proponents of the bill were committed to ensuring that workers under would receive a harsh penalty under the measure, because of their undocumented status and because the provision had to do with immigration," the lawsuit states, alongside quotes from the legislators speaking to that effect.

The lawsuit also explains how the Maricopa County Sheriff's Office and Maricopa County Attorney's Office take full advantage of these laws, in a scheme explored at length by our colleague Stephen Lemons, in which simply making up a Social Security Number will keep an undocumented worker jailed until trial, without the option of bond.

The plaintiffs in the case are several of the undocumented workers who have been picked up in Arpaio's raids. They're requesting a permanent injunction preventing the county from enforcing those laws against undocumented workers, and to have the plaintiffs' records expunged.

A copy of the lawsuit can be found below:

Puente v Arpaio Complaint



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74 comments
armandocdll81
armandocdll81

These illegal alien clown need to be permanently repatriated. The malignant wretches who hired them should be jailed and their assets liquidated. No one should sanction identify theft or fraud. 

Gentle_Fern
Gentle_Fern

Why is the ACLU siding with undocumented dirtbags who use fraudulent or stolen identification? Don't they know that it is primarily Latinos whose ID's are being stolen and misused? Hopefully this asinine lawsuit will be squashed and enforcement against identity theft and other racketeering endeavors will continue. 

Desertrat1
Desertrat1

It's always been a felony to forge documents using somebody else's identity, that's why the illegals arrested are charged with forgery as well as identity theft. These same charges are used for any criminal who commit these any other crimes as well regardless whether or not they are illegal so why the bull**** lawsuit? Regardless of anyone's political views, Forgery and Identity Theft are crimes where real Americans are the real victims........so arrest all the illegals!!!...... 

Eric Lacomblez
Eric Lacomblez

Is this a car from a 70's tv show?? Lol. What a nice example for saving energy!....

Cozz
Cozz topcommenter

Arpaio behind the wheel of a car, another crash waiting to happen. Watch out for those boulders that jump out in front of you Bozo Joe.

David Ross
David Ross

Sorry but they do have rights why don't you take some time and learn something

Matthew Clemens
Matthew Clemens

Last time I checked illegal immigrants have NO rights, it doesnt matter if you are in America, Mexico, China, Russia, etc. You broke the law by entering illegally, now pay your price...

Mark Baumgardner
Mark Baumgardner

Arizona's greatest shame besides Brewer. Crooked, ignorant and filled with hate.

Flyer9753
Flyer9753 topcommenter

Oh wonderful.. more money the taxpayers will have to pay out to cover Joe and MCSO's malfeasance..... what a big surprise.... (not)


Chuck Klee
Chuck Klee

Why would he raid a workplace? Maybe it's because they hire illegals? Illegals are called illegals because they didn't do it the legal and proper way...so what is the issue here? Let the man do his job.

Hock
Hock

With law enforcement's limited resources, the Sheriff should only be working in the unincorporated areas of the county.  Cities with police departments can handle crimes they way their citizens want them handled.

valleynative
valleynative topcommenter

They've got no case. They're just hoping for publicity.  

john043012
john043012 topcommenter

@Gentle_Fern A lot of the noise coming from activist groups such as above is to keep pressure on Washington to advance amnesty. They are trying to keep this crap on the front page trying their dambdist to persuade the masses that if immigration reform passed our border's would be clamped shut and the 11-30 (who knows) illegal immigrants would simply agree to having background checks, pay fines, back taxes and learn English within 6 months.Most American's arent buying anything Obama and his administration are trying to sell.

Gentle_Fern
Gentle_Fern

@Cozz LOL - hopefully he won't run over any anchor babies on the way to work - imagine the indignity of being an undocumented car washer and having to remove the remains of one of your own kids from Arpaio's car!

danzigsdaddy
danzigsdaddy topcommenter

@Cozz (stock photo, look how old the car is...........it was taken before the rogue boulder snuck through his defenses)

Gentle_Fern
Gentle_Fern

Those rights do not include identity theft, forgery, collusion with employers actively subverting US employment eligibility laws or circumventing immigration protocol. 

WhoKnows
WhoKnows topcommenter

So, you actually have no understanding of the US Constitution.


Thanks for proving you are an idiot!

valleynative
valleynative topcommenter

@Flyer9753 

You've fallen for their trick.  We're so used to hearing that Joe is being sued for doing something wrong, that you blindly accept that it's somehow wrong for him to be enforcing the law, just because somebody filed a suit against him.

I'll admit that this is his own fault, but there's no reason to think he's in the wrong this time.


danzigsdaddy
danzigsdaddy topcommenter

hahahaha......."why would he raid a workplace? maybe its because they hire illegals?..............let the man do his job" ........... you just said what the problem is. THEY ARE HIRING ILLEGALS. if you can see that, why cant Joe? he is only doing half a job by letting the employers go without presenting them to the county atty to prove whether or not they knew they were illegals (not saying Montgomery would actually do anything...........but Joe should still let Bill make a lame assed half attempt at doing his job all the same)

valleynative
valleynative topcommenter

@Hock 

As the only elected law enforcement official in the County, he's actually the one charged with handling crimes the way the citizens want them handled.

The problem is that the majority of people are stupid, and so handling things the way they want them handled is usually a bad idea.


MaskedMagician1967
MaskedMagician1967 topcommenter

I'm not so sure about that valley.

Let's see how it plays out.

Flyer9753
Flyer9753 topcommenter

@valleynative @Flyer9753 Stop trying to psychoanalyze me from remote and tell me what I am thinking, it makes you look like a fool being continuously wrong.


actually, continue doing it, I enjoy you making yourself look like a fool and it saves me the energy of doing it for you.


There is plenty of reason.

MaskedMagician1967
MaskedMagician1967 topcommenter

I know why employers are never charged Zigs

The Immigration Reform and Control Act of 1986 gives employers an "affirmative defense." Though the excuse "I didn't know they were illegal" is total bullshit and getting as old as the Flaccid Failure himself.

valleynative
valleynative topcommenter

@MaskedMagician1967 

They're claiming that Arizona can't charge them with using false id because they're also illegal immigrants, which is covered by federal law.  That's no different than saying we can't give speeding tickets to them, because they're illegal immigrants, which is covered by federal law.  Absurd on it's face.

 

danzigsdaddy
danzigsdaddy topcommenter

@john043012 take this how you want John, but out of a lot of the Arpiao supporters who post on here, you are one of the few who stick to your guns but try to avoid the ignorance and asinine statements like Gentle_Ferns. yeah you get hot under the collar and get derogitory (so do I) but its comments like the one you made in reply to Gentle_Fern that give me pause and hear you out. even though i am adamantly opposed to Arpaio, its moments like this that make you a credible voice for his supporters. even though we are on opposite sides of the fence most of the time, your comment above just lent you and your side some class. 

valleynative
valleynative topcommenter

@Cozz @valleynative @Flyer9753 

Insults instead of rational arguments tell me that you don't really understand the facts of the matter and are simply trusting that the reporter's perspective is valid, which is usually a mistake with New Times.

valleynative
valleynative topcommenter

@Flyer9753 @valleynative 

And yet, you seem to be unable to verbalize any of them.

You don't think for yourself.  You blindly agree with things that you hear and want to believe.

It doesn't take psychoanalytic skills to understand that.

 

MaskedMagician1967
MaskedMagician1967 topcommenter

Employers aren't required to authenticate the documents presented at the time of hire, though they have to attest to the immigration status of the people hired for the position.

WhoKnows
WhoKnows topcommenter

@valleynative @MaskedMagician1967 THE SCOTUS ruled on when people are doing Identity theft....  And it can't just be of they gave a number.


But idiots can't understand how an "illegal" can come up with a random string of numbers that look like a SSN!  I bet you can't tell us YOUR SSN without finding a card, VN!

WhoKnows
WhoKnows topcommenter

@MaskedMagician1967 I-('s are needed, but it can NOT prevent hirings.  Like E-Verify, it can only be used in a small window.

But Pearce/Kobach/Joke are too stupid to understand what was put into law.....  That's why most of 1070 was tossed into the pile of compost!

valleynative
valleynative topcommenter

@Flyer9753 @valleynative 

I'm not making assumptions.   You fling insults instead of rational arguments to support your position.   That's a pretty obvious sign of a person trying to defend a position he hasn't thought through.

 

MaskedMagician1967
MaskedMagician1967 topcommenter

Oh I agree WK.

I just think employers ought to insure the people they hire are who they say they are by authenticating the documents presented and should be held liable for hiring illegals, especially when they know the people being hired don't have authentic documentation.

WhoKnows
WhoKnows topcommenter

@valleynative @WhoKnows @MaskedMagician1967 NO VN, they have been triggered by the Clown of the County being found out by the media and he wanted to get some good PR for his ignorant base!  Glad you proved to be part of that base!   Say hi to Yippy, your soul mate! (just look in a mirror...)

WhoKnows
WhoKnows topcommenter

@MaskedMagician1967 Look at the time involved for I-9 and E-Verify.   Far less time than to get VA or Medicare benefits!  Things take time....

valleynative
valleynative topcommenter

@WhoKnows @valleynative @MaskedMagician1967 

Hey, genius, if you've paid attention to much that I've said, I'm absolutely NOT a fan of the blowhard.  I do however, have the ability to think about each case individually, rather than mindlessly jumping on a media bandwagon.


danzigsdaddy
danzigsdaddy topcommenter

@WhoKnows not trying to argue, but since you and valley ARE arguing on the SSN issue.......i have a question on that. i dont know much about the "E-Verify" system, so my question is.................how accurate is it? can a made up number get through? how long does it take for verification? how are the results delivered? how long do they have to run those SSN numbers they have? has anyone addressed the big gaping hole in the law that says you cant re-run a number if they were hired before E-Verify went into effect? will it flag the SSN of people who are deceased? what does it do if the same SSN is run for 2 or more employers? (because some people DO work 2 or more jobs)



these are serious questions and i would love to have any info anyone can provide me to answer those questions

Bnbk
Bnbk

@WhoKnows @MaskedMagician1967  The truth is that most of these companies are too cheap to pay the fifty dollars it cost to run a proper background check on new hires. Might hurt their precious bottom line. Meanwhile the rest of us are paying the price for their greed.

Flyer9753
Flyer9753 topcommenter

@danzigsdaddy  The problem is that E-Verify does not verify that a social is stolen, just that it's real and valid - it (as far as I know) provides no cross-check information to the employer due to privacy issues.


It cannot tell you if the number is in use elsewhere (legally or not), it can't tell you if the person is deceased unless the paperwork relating to their death has been completed and the active number removed from the system to the inactive bin so to speak. If the paperwork has not been completed, fell through the cracks, is sitting on some staffers desk in the IRS to be entered then the number is still technically valid and will probably show as such. The gaping hole is still there.


This means that while e-verify can say a number is real and valid, that's all it can say.


btw - most of the holes are there because Republicans created them when e-verify was setup, claiming that having all those checks in place would create too much cost and hardship on the employers.... i.e. the tired old rhetoric that you can't actually have the 'job creators' do some work... (not ragging on republicans here, just stating fact that can be verified by researching the congressional records)


It's a very simple verification only and does not prevent someone from making up a number and getting lucky it matches a valid number.


This however is not identity theft, since the supreme court ruled that making up a number that makes it through the system is not identity theft (they were right), it's providing false documentation only.


E-Verify is a joke, that started out as actual legislation until it was neutered by those who are interested only in their wallets and really want cheap labor.

Flyer9753
Flyer9753 topcommenter

@valleynative @WhoKnows @Flyer9753 "What does made up numbers have to do with this.  These people used other people's SSNs "


Go ask that of the Supreme Court of the United States, since they made the ruling I am sure they can explain it to you using coloring books and crayons so you can understand it.

john043012
john043012 topcommenter

@Flyer9753 Basically if a company uses  E-VERIY it gets the hiring dept (recruiter's) off the hook and makes the new employee sole responsible for if fraud is detected The process to use E-VERIFY and get a green or red flag takes less then 15 minutes.

valleynative
valleynative topcommenter

@Flyer9753 @valleynative @WhoKnows 

You're not paying attention.  The recent busts haven't involved fake SSN's, but SSN's belonging to other people.   The SCOTUS ruling has nothing to do with them.

Flyer9753
Flyer9753 topcommenter

@john043012 @Flyer9753 Agreed.. E-Verify was neutered to not be a verification system, but to simply be a legal excuse for employers to do nothing.

Flyer9753
Flyer9753 topcommenter

@valleynative @Flyer9753 @WhoKnows "You're not paying attention.  The recent busts haven't involved fake SSN's, but SSN's belonging to other people.   The SCOTUS ruling has nothing to do with them. "


Yes it does, since intent is an aspect of the law that is recognized.


Again, take your coloring books and crayons to the supreme court and I am sure they can explain it to you.


Personally I am not going to waste my time attempting to explain something to you that you clearly do not have the IQ to understand.

john043012
john043012 topcommenter

@Flyer9753 In Arizona it simply comes down too either using E-verify and protect your company assets or gamble .Its obvious the gamble's don't really care about their work staff if they get exposed its just the cost of doing business in the state, there is no short supply of peon laborer's.  

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