Street-level Enforcement of 287(g) Limited for
Maricopa County Sheriff's Office in Arizona
Maricopa County Sheriff's Office in Arizona
By singling out “Mexico” in his October 6, 2009 Press Conference, Sheriff Arpaio made clear that his
intention is to strike fear into the Latino community.
intention is to strike fear into the Latino community.
By Gerald Burns, Immigration Attorney | OP-ED
Photo by Eduardo Barraza
Photo by Eduardo Barraza
Chandler, Arizona, October 9, 2009 - I wish to commend Secretary Janet Napolitano of the Department of
Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) for limiting the 287(g)
Memoranda of Agreement with the Maricopa County Sheriff’s Office (MCSO) and Sheriff Joe Arpaio to
enforcement within local jails only while eliminating street-level enforcement This limitation is a direct
reflection and result of the thousands of legitimate complaints and grave concerns by the community
regarding the misuse and abuse of street-level enforcement by Sheriff Arpaio and MCSO.
Once again, by singling out “Mexico” in his October 6, 2009 Press Conference, Sheriff Arpaio made clear
that his intention is to strike fear into the Latino community, particularly Mexican nationals, and not to
serve and protect all persons within Maricopa County.
And in the process, these actions could potentially violate the Federal Constitution while leaving Sheriff
Arpaio and MSCO deputies vulnerable to state laws penalizing false arrest, false imprisonment,
kidnapping among others. This imbalanced and threatening approach to law enforcement must be
recognized and effectively curbed. Secretary Napolitano and ICE have taken a critical first step in this
regard.
It is also important for the public to know that while ICE covers the cost of training deputized local
officers, ICE does not pay for implementation of the 287(g) program or any of the many lawsuits that
have arisen due to civil rights violations. Maricopa County citizens and the other local communities are
responsible to bear the high costs related to the immigration enforcement activities.
Therefore, I strongly urge Sheriff Arpaio and the MCSO to re-focus its crime fighting efforts on the
exposure and apprehension of violent and serious criminal offenders by fully embracing the 287(g)
conditions. Ultimately, this will help make Maricopa County a safer place to live and raise families while
saving taxpayers millions of dollars in these troubling economic times.
Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) for limiting the 287(g)
Memoranda of Agreement with the Maricopa County Sheriff’s Office (MCSO) and Sheriff Joe Arpaio to
enforcement within local jails only while eliminating street-level enforcement This limitation is a direct
reflection and result of the thousands of legitimate complaints and grave concerns by the community
regarding the misuse and abuse of street-level enforcement by Sheriff Arpaio and MCSO.
Once again, by singling out “Mexico” in his October 6, 2009 Press Conference, Sheriff Arpaio made clear
that his intention is to strike fear into the Latino community, particularly Mexican nationals, and not to
serve and protect all persons within Maricopa County.
And in the process, these actions could potentially violate the Federal Constitution while leaving Sheriff
Arpaio and MSCO deputies vulnerable to state laws penalizing false arrest, false imprisonment,
kidnapping among others. This imbalanced and threatening approach to law enforcement must be
recognized and effectively curbed. Secretary Napolitano and ICE have taken a critical first step in this
regard.
It is also important for the public to know that while ICE covers the cost of training deputized local
officers, ICE does not pay for implementation of the 287(g) program or any of the many lawsuits that
have arisen due to civil rights violations. Maricopa County citizens and the other local communities are
responsible to bear the high costs related to the immigration enforcement activities.
Therefore, I strongly urge Sheriff Arpaio and the MCSO to re-focus its crime fighting efforts on the
exposure and apprehension of violent and serious criminal offenders by fully embracing the 287(g)
conditions. Ultimately, this will help make Maricopa County a safer place to live and raise families while
saving taxpayers millions of dollars in these troubling economic times.
Gerald Burns is an Immigration Attorney
and serves as Arizona Chapter Chair of
the American Immigration Lawyers
Association (AILA)
and serves as Arizona Chapter Chair of
the American Immigration Lawyers
Association (AILA)
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