Federal Goverment Prefers Their Way Better Than Arpaio's

The federal government has finally decided it doesn't exactly like how Arpaio has been enforcing immigration, huh?  Admittedly I can't help but get a little kick out of the blow to Arpaio's ego (and career?) but at the same time, I really can't stand the idea that people would be celebrating the federal government for finally putting their foot down against maltreatment of migrants.  Why?

I broke it down almost three years ago in my blog post, Federal Government will not be Maricopa County's Savior, one of the main points being that the federal government is just as bad if not worse in handling the immigration issue.  I think of Arpaio as an extremist clown- he is a spectacle that pushes the limits of what the public will accept.  He makes nearly everyone else who is pro-immigration enforcement (aside from Pearce who was right there with him) look responsible and reasonable.  So the federal government militarizes the border, holds thousands of migrants in detention centers and/or deports them, still conducts huge raids (Obama's raids surpassed previous ones, i.e. here and here), etc,. but they get to decide, to the delight of many, that Arpaio just went to far because he's been using his federal authority to discriminate. 

"The Department of Homeland Security is troubled by the Department of Justice's findings of discriminatory policing practices within the Maricopa County Sheriff's Office," Napolitano said in a statement. "Discrimination undermines law enforcement and erodes the public trust. DHS will not be a party to such practices. Accordingly, and effective immediately, DHS is terminating MCSO's 287(g) jail model agreement and is restricting the Maricopa County Sheriff's Office access to the Secure Communities program." (Source).

Apparently the federal government knows how not to erode the public trust. For similar reasons I have a problem with people focusing on the "innocent" victims of racial profiling and such.  Sure, go after the real criminals, we won't question that concept, just as long as all the people caught up in the deportation/detention system are the ones you say you're going after- because blatant maliciousness and hypocrisy erode the public trust, the status quo doesn't.

Yes, I'd like to see Arpaio gone, just as I liked seeing Russell Pearce gone (it'd be better if he was goner) but the illusion of victory distracts from what's really happening.  As I've mentioned numerous times, the Phoenix PD continues to deport more people than MCSO, but they do it without all the media hubbub, and therefore without comment from Stephen Lemons and migrant rights groups.  Arpaio is the face that can be pasted to a piñata, but he's not the only one we should be hitting with the metaphorical (or not) stick.

Some of what I wrote in early 2009 is pretty out-dated, but the following concluding paragraphs are more timeless.

One problem with appealing to the government is that to do so would require not being a threat. But any real just solution to the “immigration problem”, inevitably involving the dismantling of NAFTA and other neoliberal projects, as well as a serious change in social/political structure, is and always will be a threat to the government.

Another problem is that the government has an interest in appearing to be able and willing to deliver justice. But overall it is not in its interest to truly liberate the people from injustice and in fact its existence is actually antithetical to such an action. It would like to have people ask instead of demand changes, however, and would like us to think of it as a benevolent force in such cases when it’s actually worth the time to make reforms that benefit the people. Therefore, if we ask and they give, they are the heroes. If we demand and they give, they are still the heroes although we still have some sense of having played a part.

Related, the government is not a just one. We cannot expect a government that has been built on racism and continues to practice it in various ways (much higher rates of incarceration of people of color than whites, lack of indigenous rights, wars, just to name some examples) to be a force against white supremacy. The operator of immigration detention centers (or the ones who outsource private detention facilities), the performer of raids, is not the one whose going to save us from the similar actions of the Sheriff. He is doing their work for them. He's just doing it in an extra "look how demeaning i can be to these people" way. If the federal government does anything about it, it will only be to legitimize and continue its own actions and those of other jurisdictions.

FAIR Lies Blow up in Arpaio's Face

The anti-immigrant movement is known for its lies used to convince the general public that immigrants are a problem. I figured at some point an official of some sort would take one of the lies at face value, such as the made up statistic about how many americans get killed by undocumented immigrants. You gotta love it that this official ended up being Sheriff Arpaio.

Sheriff Joe's bungle reveals that he wants to enforce immigration law- he says its his duty- yet he doesn't even know the law. He has to have someone find some fake law on an anti-immigrant website. Clearly his sense of duty is not what he makes it out to be- it is a political position he has chosen to take.

Arpaio's 287(g) agreement with DHS has expired as of midnight last night. He has said that he still has the authority to do what he has been doing for a couple years: having the trained deputies ask about immigration status during stops and handling suspected undocumented immigrants until they end up in ICE custody. Specifically, his officers do saturated patrols often called "sweeps" in certain areas where many latinos reside, during which people will get pulled over for minor traffic violations or even made-up crimes and asked about their immigration status. As I write this, there is a sweep going on way out in Surprise today- a way of flipping the bird at the federal government and all those hoping that the end of 287(g) would mean the end of these sweeps.

The Feathered Bastard reported on the fake law that Arpaio was citing:

In Joe Arpaio's press conference last week, and since then on several news shows, the sheriff has insisted there is a law in the federal code that allows him to continue his anti-immigrant sweeps without his 287(g) field authority. This is the power stripped from him recently by Immigrations and Customs Enforcement, while leaving his jails agreement in limbo.

Indeed, during that press conference, when asked what federal law allowed him to continue the sweeps, he told a reporter, "I'll give you the section, I'll even give you a copy of it, if you want." Reporters were then given handouts with bogus and misleading information, apparently copied -- in part -- from extremist nativist Web sites.

Accompanying the fake law was some additional text, and interpretation of the law that was made to look like part of the law. The Feathered Bastard wrote that "the text seems to be from a document on the Web site of the Connecticut Citizens for Immigration Control, a nativist organization in Darien, Connecticut, which refers to an illegal immigration "invasion" and has "Welcome to MexAmerica" on its home page. The online doc itself says it was prepared by another anti-illegal group, Americans for Legal Immigration". The Arizona Republic says that "the interpretation actually originated on the Federation for American Immigration Reform Web site".

Further, they report:

Ira Mehlman, a spokesman for FAIR, verified that the language cited in Arpaio's document originated from a legal interpretation the group published in 1999.

The Arpaio document cites a provision of Title 8 of the federal code followed by language that says "state and local law-enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law."

It also states that "evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens" can be used to constitute reasonable suspicions someone is in the country illegally.

Arpaio discussed this alleged law and the characteristics that indicate that someone might be "illegal" on various national television shows such as the Glenn Beck show (the law is discussed at about 4 minutes in on this video).

Despite the fact that he also continues to insist that he doesn't need the federal law to enable him to make arrests of undocumented immigrants (because he can enforce state law such as the human smuggling law which he also uses to get migrants charged with conspiracy) his press people have acknowledged that the law he was citing was not actually real, and is now saying that a federal harboring law gives him the authority to enforce immigration law. The law enables Arpaio's officers to make arrests in cases in which someone is suspected of harboring undocumented immigrants. This is still pretty limiting and certainly doesn't allow officers to pull people over for cracked windshields to check their immigration status.

The whole thing is pretty funny considering that FAIR has somehow maintained a fairly good reputation and political position as part of the anti-immigrant movement, despite the fact that they have been linked to various hate groups and are in fact called a hate group by the Southern Poverty Law Center.

This also reminds me of the story i covered in OOPS! Racist AZ politician "accidently" sent out article from National Alliance.

More on Secure Communities

The two articles excerpted below were just published in the last day or two. I think this is a very important topic regarding immigration right now. The "Detention Retention" article relates the Secure Communities program to the 287(g) program and how it functions here in Maricopa County. I've said in the past that i believe that the federal government is likely to implement this program as a nicer alternative to 287(g) and to appear to save us from Arpaio's antics. It'll be interesting to see how it plays out. The Secure Communities program, as described in the articles, will not be much better. I recommend reading other articles on the borderlines blog regarding "criminal aliens" and how the shift to focusing on the immigrants with criminal records will have an effect. I am interested in following this issue as well.


Detention Retention
President Obama has tried to split the difference between comprehensive immigration-reform advocates and law-and-order types. But for immigrants in detention, not much has changed since the Bush era.
Renee Feltz and Stokely Baksh | June 2, 2009

Maria del Carmen Garcia-Martinez recently emerged from an Immigration and Customs Enforcement (ICE) holding cell in Maricopa County, Arizona, with her arm broken and her hand covered in blue ink. She had been booked for forgery at a Phoenix jail, where six officers twisted her arm after she resisted putting her fingerprint on what she thought was a form that would deport her to Mexico.

Garcia-Martinez spoke only Spanish, the form was in English, and she believed that after 19 years in the United States, she had a good case for staying in the country, despite her lack of documentation. Her forgery charge stemmed from a California driver's license she showed to an officer who asked for identification while telling her not to post yard-sale signs on city property. But the license wasn't a forgery; it was just expired. The charges were dropped.

Garcia-Martinez's treatment while in custody was unusually harsh, but her experience of being harassed and detained on a flimsy pretext has been common under ICE's 287(g) program. In 2006, the Bush administration began to encourage local law enforcement to help federal immigration authorities apprehend "criminal aliens." The Obama administration has responded to criticism of the program by touting Secure Communities, a new initiative that supporters say will be more focused in its pursuit of undocumented immigrants with felony records. However, there is growing concern among immigrants' rights activists that this new program has begun to veer off course as well.

More...

Wednesday, June 3, 2009
The Three Pillars of Securing Communities

As part of its new campaign to increase congressional funding for Secure Communities and to extend the program nationally, ICE has overhauled the program’s webpages and tweaked its description of the project.

ICE says that Secure Communities has “three pillars.” The first pillar is to “identify criminal aliens through modernized information sharing.” A second program pillar aims to “prioritize enforcement actions to ensure apprehension and removal of dangerous criminal aliens.” The third pillar is to “transform criminal alien enforcement processes and systems to achieve lasting results.”

One of the most persuasive arguments against comprehensive immigration reform is that reform is not viable without guarantees that the border is secure and immigration laws are being enforced. Even supporters of comprehensive immigration reform (CIR) have adopted the logic of this argument and as part of their strategy to advance CIR have backed tougher border control and immigration enforcement programs. Rep. David Price (D-NC), the leading congressional proponent of Secure Communities, is one of those who have advanced this nuanced argument as a way of advancing CIR.

More...

Maricopa County Jail Inmates on Hunger Strike

It's always good news when inmates are organizing. This latest hunger strike in Sheriff Joe's jails is the 2nd or 3rd i've heard of in the last few years. So far i think things have only gotten worse, but somehow i feel that the people have more power lately.

It would be interesting to see how much the march to the jails last weekend had to do with this hunger strike, besides what Reza says, quoted below, about how the inmates were not allowed to bathe, etc. while on lockdown because of the march.

What is unclear is how much this hunger stike has to do with Arpaio's immigration enforcement. I had thought it would be a good idea, back when Arpaio was going to start charging for food, that people make the connection to the inmates, some of which are undocumented but many of which are not, that he has to charge for food because of how much he's spending on immigration enforcement. I had since learned that the food charges did not go into effect, although i'm not sure about that.

Anyway, Reza is quoted below as saying that they were going to the board of supervisors' meeting, but referenced the immigration enforcement instead of the jail conditions. The two are related, but again, it's unclear to what extent the hunger strike is related to the immigration enforcement.

Now that the news has come out, i hope that other inmates join the strike and that there are more solidarity actions in the coming days.

Hunger Strike in Joe Arpaio's Jails: 500 Reportedly Refusing to Eat Because of Bad Food
By Stephen Lemons in Feathered Bastard
Tuesday, May. 5 2009 @ 10:17PM

Phoenix civil rights activist Salvador Reza and Univision Channel 33 are reporting that there is a hunger strike on in Joe's jails, with about 500 prisoners joining in the action to protest the atrocious food served in Arpaio's incarceration complex.

Reza, who led a march of thousands on Joe's jails on May 2, explained that he heard about the protest from a family member of one of those hunger striking in Durango Jail. Reza issued a press release earlier today stating the following:

"A relative of a prisoner in Durango Jail communicated today that up to 500 prisoners declared an indefinite hunger strike until the conditions within MCSO jails change. They are protesting the food conditions, the mistreatment, and the arrogance, and the human rights abuses. They are especially incensed at the treatment given to them by Sheriff Joe. During the May 2, 2009 March for Respect prisoners were not allowed to bathe, leave their cells, they were not even allowed to speak to anyone."

I confirmed the report of 500 hunger strikers in the jails through a county employee, but Univision Channel 33 beat me to the punch, interviewing a family member who described paint chips in the food and worms in oranges. The strikers vow to hold out for as long as their bodies can stand it, or till they are provided with better food.

Univision also scored an interview with Arpaio, where he played off the potential crisis.
"That's their problem," he told the Spanish-language channel. "If they're trying to send me a message, it's not going to work."

Reza vowed to support the strikers at Wednesday morning's Maricopa County Board of Supervisor's meeting.

"We will talk to the Board of Supervisors," said Reza, "a family member of one of the strikers will talk to the Board of Supervisors. And we will ask them to stop funding Arpaio's immigration sweeps and to unanimously ask [Homeland Security chief] Janet Napolitano to revoke his 287(g) agreement."

Reza also stated that he will hold a press conference on the issue Wednesday at 11 a.m. outside the Sandra Day O'Connor U.S. District Court building. He will encourage family members of those being held in MCSO facilities to join a candlelight vigil for the hunger strikers at 7 p.m. the same day.

Joe often boasts of how poor the food is in his facilities, and that he feeds the canines in his kennels better than his prisoners. Recently, he started charging inmates money from their prison accounts for the two meals they receive daily.

Maricopa County's citizens have endorsed Joe's cruelty time and time again, despite the fact that 70 percent of those in Joe's custody are awaiting trial. Nor does this barbarism improve recidivism rates, though it does get Joe plenty of media, and votes.

Important Items

This article makes me suspect that the federal investigation into 287(g) in maricopa county might just happen to result in an end to that program and an implementation of a new "improved" law enforcement strategy...

Fast-Tracking Secure Communities

"Secure Communities" is coming your way.

Immigration and Customs Enforcement (ICE) says that it plans to have the new “criminal alien” program working in most communities in the next four years.

Unlike the controversial 287(g) Program, which cross-designates local police as immigration agents, Secure Communities is fostering “inter-operability” between ICE and all federal, state, and local law enforcement agencies. The program works by making checks by law enforcement offices of criminal (FBI) and immigration (ICE) databases automatic. (more...)

Also check out this report on the changes in the approach to immigration, as well as how it's not likely to be any better...
Immigrant Crackdown Joins Failed Wars on Crime and Drugs

Arpaio is being Investigated

The big news locally is that Maricopa County sheriff arpaio is being investigated by Dept. of Justice. It is being considered a big achievement, and in some ways it is. But the huge march a couple weeks back was calling to stop arpaio and stop 287(g). An investigation is one thing, but let us wait for the results before we get too excited. I discussed many of my thoughts in Federal Government Will Not be Maricopa County's Savior.

One problem with appealing to the government is that to do so would require not being a threat. But any real just solution to the “immigration problem”, inevitably involving the dismantling of NAFTA and other neoliberal projects, as well as a serious change in social/political structure, is and always will be a threat to the government.

Another problem is that the government has an interest in appearing to be able and willing to deliver justice. But overall it is not in its interest to truly liberate the people from injustice and in fact its existence is actually antithetical to such an action. It would like to have people ask instead of demand changes, however, and would like us to think of it as a benevolent force in such cases when it’s actually worth the time to make reforms that benefit the people. Therefore, if we ask and they give, they are the heroes.

When i was informed of this investigation, i immediately thought of the ways that arpaio had been enforcing the state laws and that there may be more on their way. I had also thought of AZ senator Pearce's bills especially when Arpaio commented that if the 287(g) agreement got to restrictive (the rules are apparently being adjusted to prevent abuse) he might drop out of it.

Happily, i read this blog post that my partner emailed me that addressed the limitations of the investigation of arpaio.

At the forefront of this effort is Sheriff Arpaio and the county’s prosecutor, Andrew Thomas. They have found ways to charge immigrants that use the services of a smuggler with conspiring to their own smuggling. They have used a state law created to go after employers that hire undocumented labor against the workers.

Different courts have upheld their use of these laws. And Arpaio himself has vowed to continue to use them if the feds take away from him the power to enforce immigration laws under an agreement known as 287(g).

There’s also a bill in the works that would charge undocumented immigrants with “trespassing” into the state's land.

The trespassing bills have been attempted in the past. I'm not sure if those are among those former governor napolitano vetoed. While i do not believe napolitano was an advocate for undocumented immigrants, she certainly vetoed a lot of crazy laws. The new governor is not as likely to do so.

Having witnessed the gradual build-up in the war against undocumented immigrants, i have to say that it is important to view each attempt at increasing this war as a piece of a larger puzzle. Each law, each change in ability to enforce, each attitude promoted through the media builds up to a larger picture which becomes more and more overwhelming. Which is why stopping arpaio and 287(g) is important, but also paying attention to what pearce is doing, as well as the increasing threat of violence by the drug cartels/kidnappers, which i intend to write much more about.

Huge Arpaio Protest made possible by various factors

According to the various sources, it seems there were at least 2000 if not maybe even 5000 people at the Protest against Arpaio and 287(g). Although I knew it would be big (100 people made it out to an Arpaio protest with less than one day's notice on 5/12/08), i didn't realize it would be quite this big. What i was most surprised about, was how much it was similar to the big immigrants' rights marches. It was smaller than those mainly because it was organized differently and i imagine that since this was a protest against a police official, so it was more specific, and there was a little bit more risk involved- at least that could be the perception, fortunately not the reality.

I'd be interested to learn how many people were from out of town, as well as how many people came out because they heard Zach de la Rocha would be there (and he was).

While we can be impressed with the turn-out, we mustn't forget all the efforts that led up to this. I personally don't know to what extent the National Day Labor Organizing group was involved, but i know the idea came out of Puente. Puente has been organizing the protests at the Wells Fargo bank branches, specifically the tower that Arpaio rents a floor in for an exorbitant amount of money. For a while, they were out there for about two hours every weekday. They've also brought out the fact that Wells Fargo has ties to the Geo group, formerly or also known as Wackenhut, which runs and profits from some of the immigrant detention centers, particularly in the northwest, where people have been protesting Wells Fargo as well.

Maricopa Citizens for Safety and Accountability has also been essentially protesting Arpaio through different means, primarily at the County Board of Supervisors meetings, since this board decides Arpaio's funding. They have gotten rather large turn-outs for several of their demonstrations.

Last year there were several protests against Arpaio at his book signings and other public engagements. And either he stopped his public engagements or people stopped keeping track of them. Most of these protests are detailed in this blog post. One of the protests includes the May 12 protest at the Italian American Club where about 100 people showed up in less than 24 hours notice.

The New Times' The Bird has been documenting these events as well as the actions of Arpaio, so there is something to be said for his contribution to the local anti-Arpaio sentiment and participation.

Of course Arpaio himself is the reason people have showed up to these protests. His sweeps and especially the parading of immigrant inmates between tent city camps have really inspired anger in the masses. People showed to protest and/or document these incidents as well.

I'm sure there are some things i'm forgetting. But i think it's important to recognize the work that has been done leading up to an event as large as this.

It'll be interesting to see what happens. I discussed in my last post that i don't expect anything positive out of the federal government. Federal Government will not be Maricopa County's Savior.