Basically what they are asking for is that MCSO lose 287(g) status and that Arpaio be investigated for civil rights violations.
Mr. Attorney General, we request that you direct the Special Litigation and Criminal Sections of the Civil Rights Division to undertake a federal investigation into the actions of the MCSO, under the authority of 42 U.S.C. S. 14141, the Civil Rights of Institutionalized Persons Act (CRIPA), 18 U.S.C. S. 242, and any other applicable federal statutes or Constitutional provisions.
Now, what exactly does 42 U.S.C. S. 14141 state:
(a) Unlawful conduct
It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
(b) Civil action by Attorney General
Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1) [1] has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.
I see the following: "for the administration of juvenile justice or the incarceration of juveniles" which would lead one to believe persons under the age of 18. How many of these persons have been arrested by the MCSO??
How about 18 U.S.C. S. 242:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Again, from what I see, the key phrase is: "on account of such person being an alien". It will depend on how Holder defines alien.
Now, what about the 287(g) status:
Madame Secretary, we request that you review Maricopa County's agreements with the Department of Homeland Security under section 287(g) of the Immigration and Nationality Act and take such action as necessary to ensure that the MCSO conforms to the terms of that agreement and that such agreement is not used to justify the racial profiling of any Residents of Arizona. We urge that such agreement be terminated if the situation can not be remedied. We further request that you immediatly provide to the Committee a copy of any agreement between the DHS and the County, whether under Section 287(g) or any other provision of law, such as intergovernmental service agreements to house apprehended immigrants.
In 1997, Attorney General Janet Reno filed a lawsuit against Arpaio for allegedly violating the constitutional rights of prisoners in his jail. The lawsuit was eventually settled after the sheriff agreed to improve conditions.
At the time, Napolitano was U.S. attorney for Arizona with ambitions of running for Arizona attorney general. She joined Arpaio, who at the time enjoyed approval ratings near 80 percent, at a news conference and undermined Reno by declaring the lawsuit a "technicality" and dismissing it as little more than "a lawyer's paper." Arpaio threw his support behind Napolitano, which helped her get elected.
The duo quarreled a bit when Napolitano took away $1.6 million in state funds slated to help Arpaio fight illegal immigration. But now the funding has been restored.
So just how will Napolitano rule? What about Holder? What violations were actually commited by Arpaio by moving the "Deportable Aliens" to their own 'tent city'?
No comments:
Post a Comment