The suit seeks, among
other things, a
declaratory judgment
Arpaio's actions are
unconstitutional,
injunctions prohibiting
the use of Arpaio's
anti-immigration hotline
and directing the
Sheriff's Office to
disband its Undocumented
Immigration Interdiction
unit.
"Our investigations show
the Sheriff's Office has
routinely exceeded their
authority and shown a
blatant disregard for
the civil rights of
individuals in Maricopa
County," said Lou Moffa,
a lead attorney in the
case. "With this suit,
we hope to demonstrate
no matter how
politically popular an
issue is, the Sheriff's
Office does not have the
right to trounce
haphazardly over an
individual's rights."
The lawsuit, filed
Wednesday in federal
court, outlines several
instances where Arpaio
and sheriff's deputies
are accused of
overstepping their
authority to conduct
"immigration raids,"
targeting people solely
based on race and
detaining individuals
who are undocumented in
the country. Although
only one plaintiff is
identified, the lawsuit
is a class-action suit
filed on behalf of "all
others similarly
situated."
Arpaio on Wednesday
called the lawsuit
"frivolous" and said it
is an attempt to
intimidate him before
his office begins
enforcing the
employer-sanctions law
on Jan. 1.
The state law threatens
suspension and
revocation of business
licenses if an employer
is found to have
knowingly hired an
undocumented worker.
Moffa also has
challenged that law in
court.
The lawsuit against the
Sheriff's Office
contends crackdowns in
Cave Creek and Queen
Creek and outside a
Phoenix furniture store
establish a pattern of
"racial-profiling and
abuse of authority."
It also says a Hispanic
man who is a U.S.
citizen was illegally
detained this month when
he was walking on a
sidewalk.
But it hinges on what
happened to the
identified plaintiff,
Manuel de Jesus Ortega
Melendres, when he was
in a vehicle driven by a
White man who was
stopped by deputies on
Sept. 26 in Cave Creek.
The lawsuit says the
deputy told the driver
he was being stopped for
speeding but did not
issue a citation.
Ortega, a retired
teacher, then was asked
to produce
identification.
Ortega said he legally
entered the United
States on Sept. 6 and
produced a U.S. visa,
his Mexican federal
voter-registration card
and a copy of a permit
from the Department of
Homeland Security with a
stamp showing his
admission to the United
States was valid through
Nov. 1.
The lawsuit claims
Ortega was detained for
about eight hours before
an Immigration and
Customs Enforcement
agent verified his
documents and set him
free.
"To me, it appears
there's racial-profiling
going on," Moffa said.
"That's what we want to
stop. It is not enough
to stop somebody because
they look Hispanic or
they don't speak
English. People have
rights."
But sheriff's Capt. Paul
Chagolla said Ortega was
"detained and
transported
appropriately" after he
made statements about
seeking employment when
he was in the country
with a visitor's visa
that didn't allow him to
work.
"There is no
racial-profiling,"
Arpaio said. "I don't go
around the street corner
grabbing 10 people
because they look like
they're from Mexico."
The Sheriff's Office has
been enforcing federal
immigration laws since
March 2006.
Arpaio's get-tough
campaign against
undocumented immigrants
has targeted not only
smugglers and violent
criminals but also
migrants who pay to be
brought into the U.S.
illegally and illegal
day laborers.
About 160 deputies and
jail officers have been
specially trained to
enforce federal
immigration laws. Since
2006, ICE-trained
deputies have arrested
or deported more than
1,200 people.
And in July, Arpaio
launched a controversial
hotline to let the
public report
undocumented immigrants
or smuggling activity.
Arpaio said his deputies
have not overstepped
their authority and have
the power to enforce
immigration violations
if they encounter a
person "in the course of
their duties."
That would include
traffic stops like the
one involving Ortega.
"We're going to keep
doing our job," Arpaio
said. "We're going to
keep arresting illegal
immigrants."
