ACLU and Others Want a Judge to Halt Joe Arpaio's Workplace Raids Now

Categories: News

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Gage Skidmore
The American Civil Liberties Union of Arizona and other immigrant-rights groups that are suing over Sheriff Joe Arpaio's workplace raids want a judge to put an end to such raids immediately.

The ACLU and others filed a lawsuit in June alleging that a pair of state laws used by Maricopa County officials to arrest and prosecute undocumented workers are preempted by federal law, and violate the equal protection clause of the Constitution. They're asking a judge to halt the practice by county officials pending the outcome of the case.

"We think it's a strong argument," ACLU of Arizona legal director Dan Pochoda tells New Times.

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

The laws, passed in 2007 and 2008, made it a crime to use a false or fictitious identity to gain employment. The Maricopa County Sheriff's Office has used these laws to stage workplace raids, resulting in the arrests of people like cooks, dishwashers, and cleaning ladies. Nearly 800 such arrests have been made by MCSO, and the Maricopa County Attorney's Office has prosecuted such cases.

Pochoda says federal law regarding the employment of undocumented immigrants is "quite comprehensive," leading to his side's belief that these actions are preempted by federal law.

The ACLU, Puente, the National Day Labor Organizing Network, and others also allege in the lawsuit that the laws were intended to be discriminatory.

Statements at the Arizona Legislature made by Republican then-Representative Russell Pearce -- best known for being recalled from office as the Senate President -- and others are being used against those lawmakers, as they described the need for great penalties to combat undocumented immigrant workers.

Since the passage of the laws, the Maricopa County Sheriff's Office and Maricopa County Attorney's Office have taken advantage, with MCSO often publicizing its raids at restaurants or offices.smuggling themselves into the country

In a statement, Puente member Noemi Romero said:

"The only reason I don't have a DACA work permit now is because I was arrested in a raid while working to pay for my application. I was kept in Arpaio's jail for three months, away from my family, without knowing what would happen to me. I don't think anyone else should have to go through what I went through because of Arpaio and [County Attorney Bill] Montgomery."
In separate court cases, Arpaio's role as wannabe immigration enforcer has been greatly reduced. In one case, the county has been banned from enforcing its policy of prosecuting people for smuggling themselves into the country. Separately, the federal judge's order in the Melendres v. Arpaio civil-rights case outlines a ban on MCSO racially profiling Latinos, among dozens of other provisions.

In this lawsuit on the employment laws, the immigrant-rights groups are ultimately requesting a permanent injunction to prevent the county from enforcing those laws against undocumented workers, but also want the temporary injunction now while the case is open.

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63 comments
downtownbrown
downtownbrown

Glad someone is standing up to the open border crowd.  Ya'll really do want to see the end of this nation right?  At lest ya'll want to see whitey swinging from the street lamps.


Go forth and kick some culo mojado, Joe.  We support deporting illegals,HOWEVER it's done.  Viva SB1070 24/7/365!

Jose Medina
Jose Medina

Let them work dang they just want a better life like everyone else whats the big deal

MaskedMagician1967
MaskedMagician1967 topcommenter

Does anyone know if Joe had court approval to pull this stunt?

If not, Judge Snow best get his steel toed boots nice and shiny....he's gonna be kicking some ass across his courtroom.

SpottedDick
SpottedDick

Who or what is the "Jaffy" that pukes hatred and ignorance all over these blogs?


PA LoLo
PA LoLo

If he gets a tip that there are illegals working at a company, is he supposed to ignore it? I think not. The biggest crime here is identity theft. You have to have a social security number to be employed. Where do the illegals get their number from? It's identity theft and it's running rampant. He's doing his job.

Eva Jimenez
Eva Jimenez

Yeah if the "ILLEGALS" don't do it who will Joe?

Rusty Huft
Rusty Huft

A couple years ago one of the largest print shops in town, Prisma Graphics, was raided because they hired illegals.

Gary Trayler
Gary Trayler

Good job JOE. We need more just like you to uphold our laws. Illegals are just that ILLEGAL

Kyle Hague
Kyle Hague

but then who's mugshots will you post?

Max N Relaxx
Max N Relaxx

Let the validity of the law be tested in the court. I almost never agree with Arpaio, but this is one thing that he has right. There is no reason not to stop the raids. Illegal workers should not be hired in the first place! Both the workers and their employers should be prosecuted to the fullest extent of the law!

downtownbrown
downtownbrown

All the rest of us want the raids to continue and expand.  We want road blocks to detect, detain and deport illegals of ANY age.  We want an end to birthright citizenship and a 25 year immigration moratorium.


Give it us, Ya!  And FUCK the ACLU!!!

john043012
john043012 topcommenter

Noemi Romero committed felony fraud she knew she wasn't authorized to work in this country, she got that job by using a real social security number not a fake one and it doesn't make a difference if it belonged to a family member or not .There are lunatic's that feel we should have a different set of rules (laws) and  consequences when the criminal activity is perpetrated by the illegal immigrant that local law enforcement should not concern themselves if a call comes in about a crime being committee if there is the potential of it being committed by an illegal immigrant they should simply turn away and chalk it up to its a federal issue .

votejoe2016
votejoe2016

why would they want the workplace raids to stop? that's how a lot of illegal aliens are caught and deported. we want illegal aliens and all criminals to be caught and prosecuted. sheriff joe is just doing his job enforcing the laws and ridding us all of the criminal element. I really like the workplace raids and hope for many more. the identity thieves always put on a pout for the news cameras as they're loaded into the sheriff's vans, but they knew what the consequences for their actions might turn out to be... those are manufactured pouts and crocodile tears.

Dontbelieveit
Dontbelieveit topcommenter

@downtownbrown First he'll have to pull his foot out of YOUR ASS!, and then his limp noodle out of your mouth!

john043012
john043012 topcommenter

@ Jose Medina Unfortunately wages drop when they gain employment and the hard reality is all blue collar jobs have taken a substantial hit because they will work for less. There are no positives with illegal immigration.

danzigsdaddy
danzigsdaddy topcommenter

@SpottedDick to answer your question..................quite simply, the JAFfy is the voice of insanity and ignorance 

HaddieNuff
HaddieNuff

Like he did with over 400 cases of rape/sexual abuse that he ignored? And in most of those cases he had the name of the suspect. In one case there was even DNA evidence that sat in a file cabinet for years.


Please don't tell us Joe does his job.  Anyone who thinks that is either stupid or doesn't pay attention (i.e. willfully ignorant).


SpottedDick
SpottedDick

He ignores tips about criminal activity all the time, in his own MCSO !

Irish326
Irish326

Gary it shows you live in Texas.  Why don't you come live in Maricopa County for awhile because you sing Joe all these praises.  Your one of those people that buy into his Media blitzes!  You have no idea what you are talking about.  He's about as corrupt as they come and I'm a white born American!!   And used to be a registered Republican until living here for 13 years!  Now I'm an independent and there are quite a few of us now!!! 

marcy
marcy

Is Joe illegally enforces a law does that mean Joe is an illegal?

marcy
marcy

@downtownbrown


You want to piss on the US Constitution with illegal roadblocks?


Shame on you.



eric.nelson745
eric.nelson745 topcommenter

@downtownbrown Uh....DTB... go back and repeat junior high civics. There you will learn than that anyone born in the USA is automatically a citizen. It's right there in the Constitution.

WhoKnows
WhoKnows topcommenter

@downtownbrown "All the rest of us" is about a dozen clown boy minutemen based in Fresno.  Right Jaffy?

WhoKnows
WhoKnows topcommenter

@votejoe2016 How many EMPLOYERS has the clown sheriff busted in in 70+ EMPLOYER sanctions raids?  One?  He even missed his big campaign donor, Danny's Car Wash!

danzigsdaddy
danzigsdaddy topcommenter

@marcy good luck convincing his followers of that. they turn a blind eye to anything he does wrong.

deny, deny, deny

(the same approach he uses in court..........which oddly enough works all the time for him.........................................................................................................................................................................................and claims of the flu)

downtownbrown
downtownbrown

@marcy I didn't say I wanted to piss on the constitution when your face is so close and available.

downtownbrown
downtownbrown

@eric.nelson745 Thats a misinterpretation of a part of the constitution that was aimed at giving freed slaves and their children citizenship.  As usual the raza and other immie groups hijacked it to benefit themselves

downtownbrown
downtownbrown

@WhoKnows Thank god I don't live in Fresno, a latino dominated shithole.  Hows life in Holbrook?

john043012
john043012 topcommenter

@WhoKnowsnothing Arpaio is not the reason  Employer's are not being prosecuted he has no say he can only investigate and arrest after that its the county attorneys job to pursue further legal action.

MaskedMagician1967
MaskedMagician1967 topcommenter

Wrong again dtb. It was an Asian man who got a republican led US supreme court to issue its 1898 ruling, the same one you are complaining about.

danzigsdaddy
danzigsdaddy topcommenter

@john043012 Joe IS the reason those cases are not being prosecuted. in order for prosecution to occur, you have to turn them over to the prosecutors..................he isnt doing that. actually making those cases stick or fail are Montgomerys problem..........but he cant even try if Joe doesnt give him anything to do (but in all fairness, i dont think he would do much of a job even if Joe did give him those cases.....so i dont just blame Joe)

danzigsdaddy
danzigsdaddy topcommenter

@john043012 and thats the problem...........a place has 15 or so illegals and you expect us to believe that they know absolutely nothing about the people on their payroll?? what are they all?? subcontractors? 15 or so illegals in one company is reasonable enough suspicion for him to hand those cases to Montgomery. if its enough evidence to warrant an investigation, its enough evidence to give to Montgomery. how many companys the size of the ones he hits know nothing at all about a 5th or even a 3rd of their workforce?? 10 to 15 obvious cases of identity theft in one company either point to duplicity or complete and utter ignorance of their staff...........and if thats the case, how have they stayed in business so long?? Joe is practicing selective law enforcement and trying to make decisions that are Montgomerys, not his.

eric.nelson745
eric.nelson745 topcommenter

@SpottedDick @downtownbrown @eric.nelson745 He was born of American parents and the Canal Zone was stolen fair and square by us in 1914. U.S. military bases existed from that time on. Construction of the canal was accomplished with U.S. Dollars. We may not have had formal title to the Zone at that time, but as the saying goes, possession is nine-tenths of the law.

john043012
john043012 topcommenter

@danzigsdaddy GEEEEEEEEEZ  The county attorney does not need Arpaio's approval to prosecute the employer he has his own staff who one would think would go after any additional perpetrators involved with the wrong doing. Maybe you should watch reruns of law and order to get a feel on how our system works. Its called probable cause which in Romero's case she used a valid s.s.n. if the employer used the system set up in Arizona to detect I.D thieves he would be clear of prosecution ,That could explain why a lot of the raids did not warrant prosecuting the employers.

MaskedMagician1967
MaskedMagician1967 topcommenter

Zigs, the immigration reform and control act allows employers to hire illegals and permits them to use stolen or false id with zero penalties.

Thanks president Reagan.

danzigsdaddy
danzigsdaddy topcommenter

@john043012 prosecutors take what is brought to them, they arent injury lawyers out soliciting cases to be brought to them, 

danzigsdaddy
danzigsdaddy topcommenter

@john043012 watch re-runs of law and order to understand our legal system??? your kidding right? you dont really base how our system works off of a television show do you?? and the prosecutors dont just go out and make cases, they are handed to them to find if they have validity or not. if it was up to the prosecutors to go find the cases, we wouldnt need the police, the prosecutors would be doing all the work. the police investigate and present the cases to the prosecutors, the prosecutors dont comb the streets for cases. if they did they wouldnt have time to try those cases. if there was enough evidence to warrant an investigation and uncover numerous criminals in one location (as done in most of Arpaios raids) then there was enough suspicion to present those findings to the prosecutors to review...................why werent they?

john043012
john043012 topcommenter

@danzigsdaddy Again it all comes down to probable cause how could a  prosecutor forward a case to court without having all the involved investigated you would think the judge would bring that up in pretrial .

danzigsdaddy
danzigsdaddy topcommenter

@john043012 and there is the answer to your question...........which leads you back to my question

"how could a prosecutor forward a case to the court without all the involved being investigated..."

he has held over 70 raids and nabbed how many cases of identity theft?

aside from Uncle Sams, are you telling me there are companies with 10 to 20 blatant cases of identity theft and nobody but the police and an anonymous tipster could see it?? these are people that those companies spend entire days with yet have no clue as to the crimes being committed under their roofs.................yet a person passing by can see it and have enough doubt to call the police?? how long did those people work there? days? weeks? months? years? but nobody had an inkling that they were illegals? i gotta call bullshit on their ignorance. they were just as guilty as those committing the crimes.............because to me, they were just looking the other way and profiting from the crimes of others. not reporting a crime is a crime in itself, the police should have made those arrests and those cases should have been on the court docket just the same as the identity theft cases

you cant fix a problem by ignoring half the people involved in it

danzigsdaddy
danzigsdaddy topcommenter

@john043012 the judge is only dealing with cases in front of him. he isnt there to try cases that havent been brought to him.  if Joe was there long enough to find all that evidence on the employees, it must have been a fairly obvious violation..........how did the employers not notice?? it would be reasonable suspicion and enough to forward it to the prosecutors to try to make it stick

john043012
john043012 topcommenter

@danzigsdaddy Lets take the case of Romero she used her mother's S.S.N a valid one. If her employer used the system in place that Arizona established to weed out unauthorized worker's he is not going to be held accountable for the illegal hiring, which could explain why others haven't been prosecuted. I think there is another reason also if the illegal was hired before a certain cut off date that was established the employer would not be charged its the employees who where hired after that date  that the employer was required to use Arizona's system check.

john043012
john043012 topcommenter

@danzigsdaddy I do agree with you about the others working there not knowing ,they know. If the owner of a company has a hiring dept that conducts interviews for new hires and the employee conducting the interview along with the new hire perpetrates fraud to gain employment both should be prosecuted.

As far as the owner if he has a procedure established that follows hiring laws and a renegade employee thats thumbing his nose at them I find it difficult for the C.A. to prosecute him. You could see that as a loophole

danzigsdaddy
danzigsdaddy topcommenter

@john043012 yes John there is a loophole in the law that states that they can not re-run the SSN of someone who was hired before E-Verify went into effect. that is also the loophole that people hide behind. "oops didnt know, couldnt check, cant touch me" if a person has been there that long (i think that would be around 7 years or so) and they havent gotten a clue that they had an illegal on their payroll (after 7 years or more) but a cop or tipster can tell..............they are lying or completely oblivious to the world around them. if the cases are never given the chance to be proven by being submitted to the prosecutors, it is just creating a security blanket for those who hire them by just going "i had no idea they were illegal...am i free to go now?" the illegals are only half the problem. the people hiring are the other half, and if the police never bring them in to try those cases, the problem continues and can NOT be fixed

danzigsdaddy
danzigsdaddy topcommenter

@john043012 in your own words "they know" it defeats the whole they are stealing jobs argument..................you cant steal what was given to you

danzigsdaddy
danzigsdaddy topcommenter

@john043012 and thats why Joe should be presenting those cases to the prosecution, so they can set a new precident and get the ball rolling on fixing those loopholes. every situation like that needs a landmark case to start the change. Joe just happened to be the landmark case in racial profiling but he is missing the golden opportunity to make the landmark case in holding employers accountable. until someone makes that move, the problem will continue and be unfixable

once they get the first win against the employers, the next one will be that much easier. but it cant happen if those cases are never forwarded

john043012
john043012 topcommenter

@danzigsdaddy Lets wait and see what the final outcome will be with Dannys. Its the perfect example of low level manager's authorized to hire and going ahead with hiring over 900 illegal immigrants and where the Owner has been implicated in the scheme .The managers have been charged with some pleading guilty and others going to court. This is a fed issue now that involves the D.O.J  and Obama's hack Holder.

danzigsdaddy
danzigsdaddy topcommenter

@john043012 fine, i will wait, but i dont think much will come of it (have to agree, Holder is a hack), but the feds havent held over 70 raids where they had the opportunity to present those cases. the one they did, they DID present the employers to the prosecution. and hopefully their case WILL be the landmark case that holds employers accountable

john043012
john043012 topcommenter

@danzigsdaddy  A lot has changed since Obama got his hacks jobs in all our federal agencies Under The Bush administration Federal agents where continuously raiding plants .bring up charges against owners and sending them to prison along with rounding up the illegals and deporting them this all stopped once Obama took office and handcuff I,C,E so I don't expect much from the Dannys issue either

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