PHOENIX
(By
Suzanne
Gamboa, AP) July
28, 2010
—
Without the
benefit of
their
state's
strict new
immigration
law,
officers
from a
single
Arizona
county
helped
deport more
than 26,000
immigrants
from the
U.S. through
a
federal-local
partnership
program that
has been
roundly
criticized
as fraught
with
problems.
Statistics
obtained by
The
Associated
Press show
the Maricopa
County
Sheriff's
Office was
responsible
for the
deportations
or forced
departure of
26,146
immigrants
since 2007.
That's about
a quarter of
the national
total of
115,841 sent
out of the
U.S. by
officers in
64 law
enforcement
agencies
deputized to
help enforce
immigration
laws, some
since 2006,
under the
so-called
287(g)
program.
The tens of
thousands of
immigrant
arrests show
local
officials
already have
a
significant
amount of
authority to
enforce
immigration
laws and
help remove
illegal
immigrants
from the
country.
But with
Maricopa
County
Sheriff Joe
Arpaio the
top law
officer
among all
those
deputized,
questions
remain about
what's in
store when
Arizona
gives more
officers the
power to
enforce
immigration
laws. The
federal
government
already is
under fire
for doing a
poor job of
keeping
watch on
local
officers
enforcing
immigration
laws and
ensuring
safeguards
for
protecting
civil rights
are in
place.
Arpaio is
under
federal
investigation
on
allegations
of civil
rights
violations,
which he
denies.
If Arizona's
new law
takes effect
Thursday,
many more of
the state's
officers
will be
asking
people to
prove they
are legally
in the U.S.
The state
law requires
officers to
ask for a
driver's
license,
passport or
other
identity
document if
they
reasonably
suspect a
person is
not allowed
to be in the
U.S. They
must do so
while
enforcing
other laws
or
ordinances.
The federal
government
is trying to
block the
Arizona law,
arguing it
usurps its
authority.
The Justice
Department
said in its
suit
challenging
the law that
the 287(g)
federal-local
partnerships
are one way
Congress
allowed
states to
assist in
enforcing
immigration
laws.
"At the
pragmatic
level, if
local police
are already
allowed to
do this and
are allowed
to do this
with federal
cooperation
with the
state, then
why do they
need the
(new
Arizona)
law?" said
Muzaffar
Chishti,
director of
the New York
office of
the
Migration
Policy
Institute,
an
immigration
think tank.
"I don't
know what
the big hype
is going on
with this
law," Arpaio
said
Wednesday on
ABC's "Good
Morning
America."
"We've been
doing it for
three
years."
There are
several
other ways
local
officials
can assist,
including
Secure
Communities,
a more
widely used
program that
allows local
officials to
check the
fingerprints
of anyone
they book
into their
jails
against FBI
and Homeland
Security
Department
databases.
But the
287(g)
program
gives
officers the
most direct
authority to
stop people
on the
street, in
their cars
or in their
communities
and check
whether they
are in the
country
illegally.
Federal
watchdogs
have been
critical of
the job the
Homeland
Security
Department
has been
doing in
running the
program.
The
department's
inspector
general
reported in
March that
the 287(g)
program was
poorly
supervised
and provided
insufficient
training to
officers,
including on
civil rights
law.
Local
officers
have
operated
outside
their
agreements
dictating
the limits
of their
authority,
the report
said. In
all, the
inspector
general made
33
recommendations
for
overhauling
the program,
some of
which have
not yet been
resolved. It
was the
second
critical
report for
the program.
The
Government
Accountability
Office had
criticized
the program
in July
2009.
Complaints
about
Arpaio's
immigration
enforcement
tactics led
the federal
government
last October
to yank his
authority to
enforce
immigration
laws during
patrols.
That month,
the Obama
administration
rewrote all
agreements
with local
partners in
attempt to
address
complaints
of racial
profiling
and civil
rights
violations.
Even so, the
federal
government
continues to
allow the
sheriff and
deputies to
check their
jails for
deportable
inmates.
Arpaio has
denied the
allegations
and says he
is a target
because of
his tough
immigration
enforcement.
His office
has
continued to
do
immigration
sweeps.
Arpaio said
he is
enforcing
state
anti-smuggling
and
anti-illegal
immigrant
hiring laws.
Arpaio said
about 100 of
his deputies
were trained
over five
weeks to act
as federal
agents under
the 287(g)
program.
They were
trained on
racial
profiling
and other
civil rights
laws, he
said.
The new
Arizona law
is needed
for several
reasons,
including
that "no
police
official or
elected
official can
tell the
police
officer that
you cannot
enforce
immigration
laws,"
Arpaio said.
The Arizona
law
prohibits
state and
local
government
officials
from
preventing
enforcement
of
immigration
laws.
Arpaio
warned that
he's not
going to
tolerate any
protesters
once the law
takes
effect. "If
they want to
block my
jail, I'll
put them in
jail," he
told ABC on
Wednesday.
The federal
government
does not pay
for local
officers to
participate
in the
287(g)
program.
U.S.
taxpayers
pay the
federal
cost, which
has grown
from $5
million in
2006 to $68
million in
2010,
according to
the DHS
inspector
general.
Immigration
and Customs
Enforcement
reimburses
some of the
local
agencies for
housing
immigrants
in their
jails. The
immigrants
can be in
the country
illegally or
legally
present but
have
committed a
crime that
makes them
eligible for
deportation.
Joanne Lin,
legislative
counsel for
the American
Civil
Liberties
Union, said
it is
alarming
that one
Arizona
county is
responsible
for a
disproportionate
share of
deportations.
The Los
Angeles
County's
Sheriff's
Office, a
distant
second to
Maricopa,
helped find
13,784
immigrants
who were
later
deported or
left the
country. The
Sheriff's
Office's
agreement
with the
federal
government
allows it to
check its
jails for
deportable
immigrants,
but not to
enforce
immigration
laws during
street
patrols. A
renewal of
the
agreement is
under
negotiation.
An estimated
10.8 million
people,
about 26
percent of
the state's
population,
are living
illegally in
California,
compared
with
460,000,
about 12
percent, in
Arizona.
"These
statistics
bear out
that you
have rogue
sheriffs in
certain
counties
that are
bent on
targeting
immigrants,"
Lin said.