ACLU Sues Sheriff Arpaio of Arizona


ACRU Staff


August 21, 2009

Sheriff Arpaio of Maricopa County, Arizona, is legendary for his cost-cutting, effective steps including tent prisons and pink jump suits that discourage all lawbreakers in his jurisdiction. In cooperation with federal authorities, he comes down hard on illegal aliens in that county. Now, the ACLU has filed a minor suit against the Sheriff just to cause him trouble.

Some of the facts for this article, and some of the legal conclusions, come from an article by the Associated Press on 19 August, carried on the website of the Arizona Daily Star, about an ACLU attack on the legendary Sheriff Joe Arpaio of Maricopa County.

The ACLU has claimed that the detention of two American citizens of Mexican descent was unconstitutional. Julian Mora and his 16 year old son were detained during a raid on Julian’s employer, concerning illegal immigrants working there. They were driving near the plant, whether going to or from the plant is not clear from the reporting, when they were stopped and brought to the plant offices until it could be determined that Julian was a naturalized American of Mexican descent, and his son was an American by birth.

Since the ACLU has not attacked the raid on the employer, it is clear that there was enough evidence gathered of illegal employees at that plant to justify the raid. That being true, there was sufficient basis to determine the citizenship of every employee at that plant, before letting any of them go on their way.

The ACLU claims “racial profiling” in its suit against the Sheriff. Since about 99% of all the illegal aliens in Maricopa County, Arizona, are Mexicans, it would have been racial profiling in this raid to waste time and energy stopping and profiling people who by appearance were Anglos, Asian-Americans, African-Americans, etc.

The bottom line is that Sheriff Arpaio and his deputies did in this case what any rational officers should do, in conducting a raid on all the employees at a given, targeted plant, as identified in appropriate warrants. There is no legitimate basis for this suit other than the ACLU’s belief that anything which harms Sheriff Arpaio must be good for others.

After the case is thrown out as being warrantless, Maricopa County should seek the award of damages against both the ACLU and its attorneys for filing a nuisance case under federal law. The county can also claim such damages under the Civil Rights Attorneys Fee Act of 1976, which for decades, the ACLU has been using as a cash cow for itself.

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