Eric Holder, sworn in Tuesday as attorney general, promised a clean break with the past policies of the Bush administration, saying the Justice Department will be "no place for political favoritism." Holder Sworn in as Attorney General

February 3, 2009

Mr. Eric Holder
U.S. Attorney General
Office of the Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Mr. Holder:
 
Re: Civil Rights Act investigations:

Congratulations on your confirmation. I believe one of the major matters within your jurisdiction that was not a priority with the Bush Administration in recent years are Civil Rights violations against Hispanics and prisoners by Maricopa County Sheriff Joe Arpaio.

Your office has criminal jurisdiction to enforce Civil Rights Acts like Title 18, Chapter 13, Section 242, which provide punishment for public officials who discriminate against, or seek to deny, the civil rights of any racial or ethnic group.  The same applies to any violation of the 8th Amendment incorporated into the 14th which bars cruel and unusual punishments or deprivation of liberty or life without due process.

There appears to be substantial evidence Maricopa County Sheriff Joe Arpaio, his deputies, and perhaps other Arizona law enforcement officers are engaged in racial profiling and making pre-textual traffic stops in an effort to find undocumented immigrants so as to get ICE to deport them.  I believe some or all of these stops or at least the questioning and searches that ensue are pre-textual. I further believe these stops endanger the rights of all Hispanic or brown-skinned-looking people regardless of their immigration status; and of course, the 14th Amendment covers all persons - not just citizens - so those here legally on tourist or green-card visas are affected even if they are in fact non-citizen Hispanic Americans.

There have been recent investigations by the U.S. Attorney for Arizona investigating Sheriff Joe Arpaio for Civil Rights violations in his jail but for various reasons, these investigations were halted. I would ask you re-open and update these investigations in light of the many federal and state court verdicts showing actions by the Sheriff that violate the 8th and/or 14th Amendments, some involving death of inmates due to such violations.
 
I am available to meet with you in Washington or Phoenix to pursue this matter.
 
Thank you for your expected cooperation,