The Illegal Immigration Thread

[marooko]

Department of Justice criminal investigation is giving a live press conference as we speak on Sheriff Joe and the Maricopa County Sheriff's Office. The findings are disturbing.

Perez: Expert said MCSO's conduct was most egregious conduct he had ever seen - EVER.

Perez: MCSO has bred a culture of disregard for the constitution. MCSO must comply w the laws.

Perez: MCSO has failed to investigate a large # of sex crimes. We'll be looking into those cases

UNCONSTITUTIONAL POLICING, RACIAL PROFILING AND UNLAWFUL RETALIATION AGAINST THOSE WHO CRITICIZE AND THEY ROUTINELY PUNISH MEXICANS WHO DO NOT UNDERSTAND ENGLISH. MCSO IS ON NOTICE FOR USE OF EXC...ESSIVE FORCE, FAILURE TO PROVIDE POLICING SERVICES IN LATINO COMMUNITIES, AND FAILURE TO INVESTIGATE SEXUAL ASSAULTS. MCSO IS BROKEN AND THE PROBLEMS ARE DEEPLY ROOTED all according to federal findings.

Perez DOJ Re Maricopa County: Our expert found Latino drivers are 4 to 9 times more likely to be stopped than others.

Sorry for the caps, I was copying and pasting a bit. That's all from the DOJ spokeperson.

CAPS! OMG!

[OnRepeating]

[Down Rodeo]

Yeah fuck you, Sheriff Joe. He's finally getting what's coming to him.

[faxman75]

This happened the day after the report came out.

http://www.azfamily.com/news/Attorne...136287758.html

Ernest Atencio is an Iraq war vet as well. It's a shame that he had to die at the hands of the Sheriff's Office. Not single officer has been reprimanded that we know of and the Sheriff's office is defiant in their remarks claiming this video shows Ernest needed to be restrained (and apparently beat to death) for self defense. He never once is aggressive with officers and he's outnumbered by double digits.

[Miroir Noir]

Literal neo-Nazi now running for Sheriff in Arizona.

[TomAz]

That guy's a hoot.

As the Phoenix New Times noted when it first reported on his candidacy last week, Ready also lists his campaign chairman as Harry Hughes, a longtime friend and documented member of the National Socialist Movement. Ready told TPM he is now living with Hughes in the Pinal County town of Maricopa.

“What Harry has is a big piece of property that we have turned into a compound,” Ready said, noting that they’ve surrounded it with sand bags and barbed wire. However, he added: “It’s not a militia or anything like that.”

[faxman75]

We have a compound where we base our government agenda, have a ton of weapons and barbed wire around it but it's not a militia or anything like that.

ha ha

[faxman75]

Stay classy America. Nothing to see here...

http://news.yahoo.com/fbi-arrests-4-...155304167.html

EAST HAVEN, Conn. (AP) — Four police officers, including the president of the local police union, were arrested Tuesday by the FBI on charges that they assaulted illegal immigrants and covered up abuses in a New Haven suburb where a federal investigation found life was made miserable for Hispanics.

The East Haven officers assaulted individuals while they were handcuffed, unlawfully searched Latino businesses, and harassed and intimidated individuals, including advocates, witnesses and other officers who tried to investigate or report misconduct or abuse the officers committed, according to the federal indictment.

Federal authorities began investigating police in 2009 in East Haven, where the federal probe last month documented a pattern of abuse. The Hispanic population had doubled in the past decade to more than 10 percent of the seaside city's 28,000 people, but Latino business owners said rough treatment by police drove away many newcomers from Mexico and Ecuador.

The arrests were welcomed by Hispanic business owners in East Haven, including Luis Rodriguez, an immigrant from Ecuador who had complained of harassment by police at his Los Amigos Grocery store.

"They should have to pay, not with many years, but enough to make an example of them. They should not abuse their power," Rodriguez said. "All I ever wanted was to be left in peace."

Officers Dennis Spaulding, David Cari and Jason Zullo and Sgt. John Miller, president of the police union, are charged with conspiracy, deprivation of rights and obstruction of justice.

Federal officials say the officers denied Latino residents and their advocates the right to be free of unreasonable searches and seizures, the right to not be arrested and detained without probable cause and the right to not be arrested on false and misleading evidence.

"In simple terms, these defendants behaved like bullies with badges," said Janice Fedarcyk, assistant director of the New York office of the FBI.

Zullo allegedly described taking joy in singling out Latinos, telling Spaulding in a 2008 exchange quoted by the indictment that he liked harassing drivers and referred to "persons who have drifted to this country on rafts made of chicken wings and are now residing" in East Haven.

Miller repeatedly slapped a man handcuffed in his car, while Spaulding threw a man to the ground and repeatedly kicked him while he was handcuffed, according to the indictment. Mayor Joseph Maturo said the four men were arrested around 6 a.m. Tuesday at their homes and at the police department.

Donald Cretella, Miller's lawyer, said his client has been honored with awards and risked his life in shootouts.

"John Miller is a hero in East Haven," he said. "He's decorated. He's a wonderful family man. Hopefully, we'll clear his name."

Frank Riccio Jr., Spaulding's attorney, said his client is an exemplary police officer.

"At this early stage it's our position Mr. Spaulding is not guilty of the charges. He's been nothing but an exemplary police officer. That's why this is shocking."

It wasn't immediately clear who was representing Cari and Zullo.

The indictment says Miller reported to a police department leader described as a co-conspirator who blocked efforts by the police commission to investigate Miller's misconduct. That refers to Chief Leonard Gallo, according to his attorney, Jon Einhorn, who denied that Gallo blocked the investigation.

"It's unfair that he is mentioned in this regard when he isn't even indicted," Einhorn said.

The indictment also accuses unnamed union leaders of intimidation and interference to protect the officers, including a depiction of a rat posted on a bulletin board and a cartoon saying "You know what we do with snitches?" in a police locker room.

The U.S. attorney for Connecticut, David Fein, said the investigation is still looking into other incidents and individuals. Officials said no more arrests were expected Tuesday.

Maturo, a Republican who took office Nov. 19, recently reinstated Gallo as police chief. Gallo had been on paid administrative leave since federal authorities began investigating in 2010. Maturo said he backs the police.

"I stand behind the police department," he said. "We have a great police department."

The U.S. Department of Justice, which has pledged to reach out to the police department to work on reforms, said last month that the department engaged in a pattern of discrimination against Latino residents. Investigators said their probe was complicated by efforts to interfere with witnesses and by police silence.

Nearly half or a third of the drivers pulled over by certain officers were Latino, and the number of Latinos pulled over by certain squads was "extraordinarily high," said Roy Austin Jr., deputy assistant attorney general for the civil rights division. Latinos who were stopped for minor violations were subjected to harsher punishments, such as arrest or vehicle towing, than were non-Latinos.

The East Haven Police Department of some 50 officers has come under scrutiny previously for civil rights issues. A federal jury ruled in 2003 that a white officer used excessive force and violated the rights of a black man he fatally shot after a chase.

Some officers involved in that case kept their jobs and were promoted, and there was no evidence that anyone received training to prevent similar confrontations in the future, Austin said.

[Down Rodeo]

Literal neo-Nazi now running for Sheriff in Arizona.

Oh God. Please tell me this guy has no shot at actually getting elected. I have little faith in the Arizona electorate.

[Miroir Noir]

Supreme Court appears sympathetic to the "papers please" law in oral argument today.

[TomAz]

Even Sotomayor appears hostile to the government's case. Wow.

[PotVsKtl]

She seems more upset with how poorly it's being argued based on the quotes I've read. That's two big cases in a row with inept government representation.

[faxman75]

New border strategies...

http://www.thedailybeast.com/article...-strategy.html

[TomAz]

Partial victory.

Edit: well, it's pretty good. Cops can still inquire about immigration status, but they can't really do anything about it.

[Miroir Noir]

Roberts and Kennedy both declined to join the radical "states rights" arguments at the heart of this litigation. This is at least somewhat encouraging for the forthcoming health care reform decisions.

[marooko]

I figured fax would post in here first.

[Miroir Noir]

Jan Brewer declares "victory":

Arizona Gov. Jan Brewer (R) touted today’s Supreme Court decision invalidating some but not all parts of SB 1070, a controversial immigration law, as a “victory for the rule of law.”

“It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens,” Brewer said in a press release. “After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.”

“Of course, today’s ruling does not mark the end of our journey,” Brewer said, warning supporters that future legal challenges to SB 1070 “will continue.”

[TomAz]

Jesus. That woman is dumb as a box of rocks.

The interesting thing here is that the Supreme Court didn't really "uphold" the 'papers please' provision.. they just decided it would be premature to overturn it. SCOTUS defers to the state courts to first interpret the law as it becomes ripe. Eventually, that provision could also be overturned.

And yet Brewer declares victory. I guess that two year secretarial college degree is really paying off for her.

[Miroir Noir]

Yep, that's exactly right. (I just cross posted in the Phoenix thread about this issue). The racial profiling and other discriminatory aspects of the law weren't even really up for consideration yet. I'd be shocked if they survive the Ninth Circuit, and depending on the facts, the Supreme Court could very well overturn papers please in another few years.

[Miroir Noir]

Also, Scalia apparently lost it today:

Speaking in dissent of the court’s rulings on Arizona’s immigration law, Scalia took a clear swipe in his remarks at the Obama administration’s new policy ending deportations of many young adults brought into the country illegally. That policy was not part of the Arizona case.

Scalia asked whether states would have entered into the union had the Constitution included a clause enacting immigration laws but stipulating that the president had a choice on whether to enforce them. Delegates would have “rushed to the exits” at Independence Hall.

As he announced his executive action earlier this month, Obama said that what he had done was “the right thing to do” since Congress has not acted on the administration’s ideas for comprehensive immigration reform.

“Perhaps it is,” Scalia said, referring to Obama’s view, “though Arizona might not think so.”

[TomAz]

I think this take in the Repugnant today sums it up well.

Taking the teeth out of SB 1070


Gov. Jan Brewer and the Arizona Legislature got a reality check (and a punch to the gut) this morning, courtesy of the Supreme Court.

This, even as Brewer was declaring victory.

"Today's decision by the U.S. Supreme Court," she proclaimed, "is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution."

It is a victory for the rule of law, all right. But Brewer's endzone dance seems strangely out of place and leaves me wondering: has the governor actually read the court's opinion?

The Supreme Court tossed out three of four provisions of Senate Bill 1070 and as for the fourth – the “papers please” provision – the court left it intact.

And largely irrelevant.

The court said that Arizona police officers can inquire about immigration status, if they have a reasonable concern that someone’s here illegally after having a reasonable excuse to stop them for something else.

OK, so they can ask. But it’s questionable how long they can wait for an answer. Your normal traffic stop takes, what, a half hour at most? Getting ICE to answer questions about someone’s immigration status generally takes a lot longer, hours at times.

The cops aren’t going to have hours to wait.

“Detaining individuals solely to verify their immigration status would raise constitutional concerns,” the court said.

Translation: this will be back before the courts quicker than you can say “we has did won”.

OK, so by some miracle it takes ICE only a few minutes to get back to the officer and lo and behold, the person sitting in front of him (or her) is an illegal immigrant.

But the police can’t arrest the person or detain him (or her) for being here illegally.

“It would disrupt the federal framework to put state officers in the position of holding aliens in custody for possible unlawful presence without federal direction and supervision,” the opinion says.

Given that the feds are looking to deport actual criminals, I’m guessing the guy stopped for jaywalking is going to go free.

In other words, SB 1070 lives. A portion of it is constitutional. It’s just on a liquid-only diet.

You know, no teeth?

All the more reason for Congress and the president (whoever that will be) to grow a backbone, act as statesmen, find common ground and fix this mess we can our immigration/border policy.

Yeah, I know, I'm a DREAMer -- one of different sort.

http://www.azcentral.com/members/Blo...Roberts/165111

[nyarlathotoats]

Wow. Pretty happy that whore Jan didn't get her way, but I know she isn't going to stop. Now, can we just get rid of that asshat Sheriff Joe already?

[amyzzz]

Yeah, dumping the sheriff is the next step. He will probably be voted back in this fall, so they have to be able to convict him of something and kick him out of office.

[nyarlathotoats]

Let's fucking hope so.

[TomAz]

It seems to me that Arpaio has gotten more and more crazy as he's gotten older. Not in a good way. His positions seem more and more extreme.

[PotVsKtl]

Scalia did us all a favor by sweeping away any remaining doubt that he's just a political hack occupying the bench.

[TomAz]

He's no different than Thomas or Alito, he's just more outspoken about it.

[mountmccabe]

Razing Arizona at the Atlantic seems to me a very good summary and analysis of the case, including actual quotations from the decision and from Scalia's dissent.

[amyzzz]

Razing Arizona at the Atlantic seems to me a very good summary and analysis of the case, including actual quotations from the decision and from Scalia's dissent.

Has anyone seen the sign that is in that opinion?

Phoenix is a major city of the United States, yet signs along an interstate highway 30 miles to the south warn the public to stay away. One reads, "DANGER -- PUBLIC WARNING -- TRAVEL NOT RECOMMENDED / Active Drug and Human Smuggling Area / Visitors May Encounter Armed Criminals and Smuggling Vehicles Traveling at High Rates of Speed."

[PotVsKtl]

http://www.lmgtfy.com/?q=DANGER+--+P...T+RECOMMENDED+