PHOENIX (By Randal C. Archibold, NYT)
October 7, 2009 — The Maricopa County
sheriff, who has drawn scorn and praise
for a running crackdown on undocumented
immigrants in this city’s metropolitan
area, said Tuesday federal officials had
taken away his deputies’ authority to
make immigration arrests in the field.
The sheriff, Joe Arpaio, whose
high-profile sweeps have been cited in
the fevered debate over the need for an
overhaul of immigration laws, said he
had sought a renewed agreement with the
Department of Homeland Security to allow
both field arrests and immigration
checks at his jails. But a high-level
department official presented a document
a couple of weeks ago allowing only for
jail checks, Mr. Arpaio said.
That prompted an angry, rambling
outburst from the sheriff Tuesday at a
news conference at which he called
Homeland Security officials “liars” and
vowed to press on with his campaign,
using state laws, against undocumented
immigrants. He said he would drive those
caught on the streets to the border if
federal officers refused to take them
into custody.
Homeland Security officials declined to
comment, saying they are still reviewing
their agreement with the sheriff’s
department and the other 65 agencies
that participate in a program that
allows local and state officers to make
immigration arrests.
Immigrant advocates and some lawmakers
have called on the department to end the
program, known as 287(g) after the
section of the 1996 law that authorized
it, saying it has led to racial
profiling and other abuses. Several
advocates put out statements Tuesday
expressing dismay that the department
was keeping any relationship with Mr.
Arpaio.
Last week, the Congressional Hispanic
Caucus wrote to President Obama, urging
him to “immediately terminate” the
program because of the complaints.
A report this year by Congress’
watchdog, the Government Accountability
Office, found that the program had not
been closely supervised and it had often
led to the arrest of minor offenders
instead of the criminals it was intended
to pursue.
The Homeland Security Department has
sought to mend it the program, not end
it.
Immigration and Customs Enforcement, the
agency that runs it, this summer
announced an overhaul of the program and
sought to reach new agreements with the
agencies involved. Two agencies in
Massachusetts have since announced their
withdrawal from the program.
The Maricopa County Sheriff’s Office,
with some 160 federally trained
deputies, is the largest in the program
and the most closely scrutinized by
people on all sides of the immigration
debate.
Mr. Arpaio conceded the vast majority of
the 33,000 arrests of undocumented
immigrants his office has made in the
past two years under the agreement
followed a check on the immigration
status of people in jails. About 300
have been arrested in the field during
“crime suppression” operations, he said.
He called those arrests symbolically
important.
“It has to do with public perception,”
he said, noting reports that some
undocumented immigrants are leaving the
area in part because of his deputies. “I
think the bad guys apparently are
leaving because they know they are here
undocumented. This is a crime deterrent
program, too.”
In March, the Justice Department’s civil
rights division announced it was
investigating the department, but Mr.
Arpaio has conducted sweeps since then
and he predicted that he would be
exonerated.
The Maricopa agreement was also being
watched to see if Homeland Security
Secretary Janet Napolitano, a Democrat
and the former governor of Arizona,
would take the opportunity to rein in
Mr. Arpaio, a Republican and one of the
state’s most popular figures. Although
they did not often clash publicly, their
political supporters often lashed out at
one another.
By the account of Mr. Arpaio and his
aides, he signed a copy of a new
agreement on Sept. 21, allowing for both
field and jail arrests. But that
evening, Alonzo Pena, a top Immigration
and Customs Enforcement official, called
from Washington and said he would be
arriving in Phoenix the next day to
discuss it.
After he arrived, Mr. Pena presented Mr.
Arpaio another agreement that allowed
only for jail checks.
Mr. Arpaio signed it, but it still must
be approved by the county’s governing
board. The board has been sympathetic to
Mr. Arpaio on immigration matters, but
he suggested the vote was far from a
done deal.
Either way, he and his supporters vowed
to press on.
Andrew Thomas, the county attorney,
appeared with Mr. Arpaio to voice his
support and condemn the “setback in the
fight against undocumented immigration.”
Mr. Thomas said, “The fight goes on.”
He and Mr. Arpaio suggested that
deputies could use the state anti-human
smuggling law to make stops and refer
suspected undocumented immigrants to
Immigration and Customs Enforcement,
though it was not clear whether the
agency would take them.
If not, the sheriff said, “I’ll take a
little trip to the border and turn them
over to the border.”