Melendres v. Sheriff Joseph Arpaio

The absence of federal comprehensive immigration reform has led to increased cases of racial profiling by law enforcement, as local officers see fit to take enforcement of federal immigration law into their own hands because of frustration with federal immigration enforcement. In Arizona, Maricopa County Sheriff Joe Arpaio and his deputies have gained a national reputation for targeting Latinos and unlawfully detaining, questioning, and arresting them for the sole purpose of investigating their immigration status, in violation of federal law. As a result, the Maricopa County Sheriff’s Office’s (MCSO) rampant racial profiling has created a culture of fear in Maricopa County among the Latino community, citizens and non-citizens alike.

On behalf of a class of U.S. citizen and legally present Latinos who have been unlawfully racially profiled and questioned about their immigration status, MALDEF brought a lawsuit against Sheriff Arpaio, the Maricopa County Sheriff’s Office, and Maricopa County for exceeding his authority to enforce immigration law in violation of his MOU agreement with Immigration and Customs Enforcement (ICE) under §287(g). Additionally, MALDEF alleges that the patterns and practices of the Maricopa County Sheriff’s Office violates the plaintiffs’’ rights under the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964, and several provisions of the Arizona Constitution.

The case was filed on July 16, 2008 in the U.S. District Court for the District of Arizona along with the American Civil Liberties Union, the ACLU of Arizona, and lead counsel Steptoe & Johnson LLP. In February 2009, the federal court in Arizona denied the motion to dismiss, granting the case to move forward.

The lawsuit seeks to ameliorate the harmful atmosphere of fear and distrust that the Sherriff’s Office has created in the community by putting an end to racial profiling in Maricopa County, and to enjoin the Sheriff and his deputies from continuing to exercise their authority in excess of what has lawfully been delegated to them by federal immigration authorities.

Lawsuit Charging Sheriff Arpaio Illegally Targeted Latinos In Maricopa County Can Go Forward

February 11, 2009

PHOENIX, AZ — A federal court ruled that a class action lawsuit charging that Maricopa County Sheriff Joe Arpaio illegally profiled Latinos can proceed.

In July 2008, five individuals and Somos America, a Latino community-based coalition, sued Arpaio, the Maricopa County Sheriff’s Office (MCSO) and Maricopa County, claiming that they or their members were unlawfully stopped and mistreated by law enforcement agents because they were Latino. The county asked the U.S. District Court in Arizona to dismiss the lawsuit in October, but today’s ruling clears the way for the lawsuit to go forward.

The court recognized that Latino appearance is of “little or no use” in determining which individuals should be stopped by law enforcement seeking “illegal aliens,” and that reasonable suspicion of a traffic violation does not justify questioning of drivers or passengers about immigration status.

“At stake in this case is a matter of acute public importance. Law enforcement practices that target a group based solely on the color of their skin have no place in America,” said Peter Kozinets, an attorney at Steptoe & Johnson LLP in Phoenix who argued the case. “This is a critical step in protecting the rights of all people in this country.”

The American Civil Liberties Union, the ACLU of Arizona, the Mexican American Legal Defense and Educational Fund (MALDEF) and lead counsel Steptoe & Johnson LLP are representing the five individuals and Somos America and charge that the policies and practices of Arpaio and the county are discriminatory and unlawfully violate the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964 and the Arizona Constitution. The amended lawsuit builds upon an earlier complaint filed in December 2007.

“We’re encouraged that the sheriff’s office’s practice of targeting people simply because of the color of their skin can now be fully examined in a court of law,” said ACLU of Arizona Legal Director Dan Pochoda, one of the attorneys representing the plaintiffs. “Sheriff Arpaio’s discriminatory policies have no place in a free country. We do not want to live in a place where you can be stopped for no reason and asked for ‘your papers please.’”

Arpaio has launched a series of so-called “crime suppression sweeps” in Maricopa County in Latino neighborhoods and in areas where Latinos work as day laborers. Maricopa County residents and local officials alike have complained that the conduct of the sheriff and his office go well beyond the scope of the MCSO's legal authority and often results in the harassment of Latinos.

“We are very pleased that this important case will be heard,” said MALDEF staff attorney Kristina Campbell. “In America we value fairness and equality, but Sheriff Arpaio’s sweeps have resulted in the harassment of Latinos and violated their civil rights. There’s nothing fair about that.”

Phoenix Mayor Phil Gordon has denounced Sheriff Arpaio and last April, after the MCSO engaged in sweeps in the town of Guadalupe, Gordon formally requested that former U.S. Attorney General Michael Mukasey launch a Justice Department investigation into Sheriff Arpaio's and the MCSO's “discriminatory harassment, improper stops, searches and arrests” of Latino persons in Maricopa County. Gordon has also publicly stated that the sweeps are interfering with the work of undercover city police officers and federal agents.

Lawyers on the case, Ortega Melendres, et al. v. Arpaio, et al., include Mónica Ramírez of the ACLU Immigrants' Rights Project; Pochoda of the ACLU of Arizona; Campbell and Nancy Ramirez of MALDEF; and Kozinets, David Bodney, Karen Hartman-Tellez and Isaac Hernandez of Steptoe & Johnson LLP.

Sheriff Arpaio Sued Over Racial Profiling of Latinos In Maricopa County

July 16, 2008

PHOENIX, AZ — Today, five individuals and Somos America, a Latino community-based coalition, sued Maricopa County Sheriff Joe Arpaio, the Maricopa County Sheriffs Office (MCSO) and Maricopa County, charging that they or their members were unlawfully stopped and mistreated by law enforcement because they are Latino. The class action lawsuit – which builds upon a complaint filed last December – is before the U.S. District Court in Arizona.

The amended complaint was filed by the American Civil Liberties Union, the ACLU of Arizona, the Mexican American Legal Defense and Educational Fund (MALDEF) and lead counsel Steptoe & Johnson LLP. The lawsuit charges that the policies and practices of Arpaio and the county are discriminatory and unlawfully violate the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964 and the Arizona Constitution.

“In this country we value fairness and equality. There’s nothing fair or equal about armed deputies pulling people over and treating them differently because of the color of their skin,” said ACLU of Arizona Legal Director Dan Pochoda. “Sheriff Arpaio does not have the right to profile people because they look Latino regardless of their immigration status. His job is to uphold the law, not violate people’s rights.”

Sheriff Arpaio has made no secret that he believes physical appearance alone is sufficient reason to stop and question individuals regarding their immigration status. Arpaio has also touted the fact that he has directed his deputies to target people they perceive as immigrants in so-called “crime suppression sweeps” in Latino neighborhoods and areas where Latinos work as day laborers.

MCSO's rampant racial profiling has created a culture of fear in Maricopa County. Latinos in the community have good reason to worry that a trip to the grocery store or to work will end with interrogation by armed officers on the roadside and possible incarceration at the county jail.

One plaintiff in the coalition’s lawsuit, Manuel Nieto, Jr., a U.S. citizen, was unlawfully stopped and detained in front of his family’s auto repair shop after police heard him listening to music in Spanish.

“It was very humiliating to be handcuffed in front of my family’s business, in front of customers and neighbors,” said Nieto. “It’s not a crime to be Latino or listen to a Spanish-language radio station but you wouldn’t know that by the way Sheriff Joe and his posse treat people.”

David J. Bodney, an attorney with Steptoe & Johnson LLP, said, “At the sheriff’s hand, an atmosphere of fear and hostility has swept across the valley. It takes courage and commitment for these individual plaintiffs to come forward in the name of equal justice under law to stop this discriminatory treatment for everyone who lives here.”

Maricopa County residents and local officials alike have complained that the conduct of the sheriff and his office go well beyond the scope of the MCSO’s legal authority and far too often results in the harassment of Latinos. Many complain that the sheriff’s obsession with enforcing federal immigration law has come at the expense of his office pursuing serious criminal matters.

Phoenix Mayor Phil Gordon has denounced Sheriff Arpaio and last April, after the MCSO engaged in sweeps in the town of Guadalupe, Gordon formally requested that U.S. Attorney General Michael Mukasey launch a Justice Department investigation into Sheriff Arpaio’s and the MCSO’s “discriminatory harassment, improper stops, searches and arrests” of Latino persons in Maricopa County. Gordon has also publicly stated that the sweeps are interfering with the work of undercover city police officers and federal agents.

“Police should not be in the business of acting as immigration agents; everyone’s safety is jeopardized when they do,” said MALDEF staff attorney Kristina Campbell. “In Maricopa County, as in other parts of the country, when local police try to take on the job of being immigration officers, immigrants and their family members often get the message that they should fear coming forward if they are the victim or witness of a crime.”

Increased attempts by local police to involve themselves in federal immigration law enforcement have been accompanied by a troubling rise in complaints of racial profiling across the nation.

“As charges of discrimination have mounted, Sheriff Arpaio has only dug in his heels, and the federal government has thus far done nothing to rein him in,” said Robin Goldfaden, senior staff attorney with the ACLU Immigrants' Rights Project. “Unfortunately, court intervention is necessary for the Constitution to be upheld.”

Lawyers on the case include Goldfaden and Mónica M. Ramírez of the ACLU Immigrants’ Rights Project; Pochoda of the ACLU of Arizona; Campbell and Nancy Ramirez of MALDEF; and Bodney, Peter Kozinets, Karen Hartman-Tellez and Isaac Hernandez of Steptoe & Johnson LLP.