Sheriff going to Mesa, tells illegals to get out of town (Joe Arpaio !)

KTAR ^ | 5-2-08 | uanttributed

[dynachrome]

Maricopa County Sheriff Joe Arpaio still isn't saying when he will take his crime suppression patrols to Mesa.

He says there's a reason for the delay -- he's giving illegal immigrants a chance to get out of town.

``I'm giving them a chance to pack up and leave, so when I do go in there, there may not be a big problem," he said.

If an illegal immigrant needs a ride, Arpaio says, ``Call 602-876-1000 and we'll make arrangements. Maybe we'll even pick them up."

Mesa Police Chief George Gascon has asked the sheriff for two days notice before he does his patrols in Mesa, and Arpaio said he will give police notice.

In the meantime, ``The only message I can give to the people here illegally is to pack up, take a bus, go back. If they want a free ride, they can always call me... I'll be glad to take care of them, especially those in Mesa. If they want to go back home, I'll be glad to help them. Maybe I won't have any problems to enforce when I decide to go to Mesa."

Arpaio's Mesa patrols will follow patrols at two Phoenix locations where day laborers gather and in the predominantly-Hispanic town of Guadalupe on the Phoenix-Tempe border. Critics have attacked the patrols as racial profiling. Arpaio denies that and says he just looking for criminals.

Phoenix Mayor Phil Gordon and others have asked the federal government to investigate the patrols.

[dynachrome]

Sheriff Joe strikes again!

[Kimberly GG]

Sheriff Joe for President, seriously.

[Steamburg]

BTTT

[AuntB]

Ya gotta love it.

[Morgana]

[blastdad51]

Here in Sa Diego we’ve got good ol “ Sacramento Bill” Kolender. I don’t suppose Maricopa Co. would want to trade. Sheriff Joe rocks!

[Morgana]

I agree with you, he should run for President!!!

[NordP]

MOST seriously!

[RachelFaith]

Go Joe !!

We need 1400 more just like Joe !!

[Morgana]

Think Sheriff Joe should run for President???? Tell him so!!!!

J_Doe@mcso.maricopa.gov

or

100 West Washington
Suite 1900
Phoenix, AZ 85003

Sheriff Arpaio: (602) 876-1801

Chiefs and Commanders: (602) 876-1801

[eyedigress]

Guadalupe has been an illegal safe-haven since the dawn of time. If he clears it that will be impressive.

[FlingWingFlyer]

Sheriff Joe loves to drive the bleeding heart morons crazy. Ya gotta love the guy!

[Man50D]

Phoenix Mayor Phil Gordon and others have asked the federal government to investigate the patrols.

The Mayor should be investigated for not enforcing the following immigration law:

Federal Immigration and Nationality Act

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) Recruitment and Employment of Illegal Aliens Encouraging and Harboring Illegal Aliens Enforcement RICO —Citizen Recourse Tax Crimes Comment

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) "Any person who . . . encourages or induces an illegal alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each illegal alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

· assists an illegal alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or · encourages that illegal alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or · knowingly assists illegal aliens due to personal convictions. ·

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an illegal alien for a fee, knowing the illegal alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an illegal alien knowing that the illegal alien is unauthorized to work.

It is unlawful to hire any individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. "Day laborers" or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the illegal alien labor.

The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

It is illegal for nonprofit or religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist illegal aliens. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

Encouraging and Harboring Illegal Aliens

It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any illegal alien who is in the United States in violation of law. Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.

An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.

The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the illegal alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.

Enforcement

A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.

RICO —Citizen Recourse

Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, and can include nonprofit associations.

Tax Crimes

Employers who aid or abet the preparation of false tax returns by failing to pay income or Social Security taxes for illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In addition to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens.

Comment:

A comment and a published quote by Robert Gaffney, Attorney and County Executive of Suffolk County, LI, NY:

The statutory foundation of United States immigration law has always been the jurisdiction of the federal government, Congress and the federal courts. The preeminent laws concerning the employment of illegal aliens are found in the Immigration and Nationality Act (8 U.S.C. §~ 1101-1503), as amended by the Immigration Reform and Control Act of 1986 CIRCA).

The law states it is a crime to assist an illegal alien who lacks employment authorization by referring him to an employer, or by acting as his or her employer, or as an agent for an employer. 8 U.S.C.S. § 1324a(a)(1)(A) (Lexis 1997). Furthermore, it is unlawful to hire an individual for employment without complying with the employment eligibility requirements for every person hired. 8 U.S.C.S. § 1324a(a)(l)(B) (Lexis 1997). Moreover, conduct tending substantially to facilitate illegal aliens remaining in the United States illegally, where there is knowledge or a reckless disregard of an illegal alien s unlawful status, is a crime, with escalating penalties, encompassed within the provisions of 1324. 8 U.S.C.S. § 1324(a)(l)(A)(iii) (Lexis 1997); United States v. Kim. 193 F-3d 567 (2d Cir. 1999), are considered employees for purposes of immigration law.

[dynachrome]

I love this line from the story:

“If an illegal immigrant needs a ride, Arpaio says, ``Call 602-876-1000 and we’ll make arrangements. Maybe we’ll even pick them up.”

[Gator113]

I sure love this guy.....and I know that he has got to be having an absolute ball!!

[South40]

Here in Sa Diego we’ve got good ol “ Sacramento Bill” Kolender.

Kolender claims there is no money in the budget to have his deputies enforce immigration law. But how much would be save each year if the vermin were sent home once they were in custody?

How Kolender gets reelected is a mystery.

[tennteacher]

Somebody need to write the “Ballad of Joe Arpaio”.

[Morgana]

[dynachrome]

Sent that to Sheriff Joe. Who knows? Maybe he will start an investigation.

[kozanne]

I’d vote Arpaio in for governor of AZ in a heartbeat...his opponent, Phil “Flash” Gordon, the mayor of Phoenix is cruising for the Hispanic vote because HE wants to have a run at the governor’s seat.

Oh I’d LOVE to see a race between these two. I’d even stay in the valley another couple years just to watch.

[purpleraine]

File a complaint with the Sheriff’s office.

[Man50D]

Sent that to Sheriff Joe. Who knows? Maybe he will start an investigation.

This could get interesting.

[purpleraine]

Kolender was a pretty good street cop. He was commander for the PSA crash and the San Ysidro McDonald's incidents in SD. Did a good job.

As head of the CYA he was weak. Fun guy to be around, but let others run the department into the ground. Also, overlooked ethics violations by some of his top administrators.

He has been popular in SD with people like Spanos and some power groups. Does keep getting elected.

He won't do anything controversial that will ruffle feathers. His watchword is settle down and party hard.

[skimask]

I posted this a few weeks ago, but it is a good read

SHERIFF JOE IS AT IT AGAIN! Update on Joe Arpaio Oh, there's MUCH more to know about Sheriff Joe! Maricopa County was spending approx. $18 million dollars a year on stray animals, like cats and dogs. Sheriff Joe offered to take the department over , and the County Supervisors said okay. The animal shelters are now all staffed and operated by prisoners. They feed and care for the strays. Every animal in his care is taken out and walked twice daily. He now has prisoners who are experts in animal nutrition and behavior. They give great classes for anyone who'd like to adopt an animal. He has literally taken stray dogs off the street, given them to the care of prisoners, and had them place in dog shows. The best part? His budget for the entire department is now under $3 million. Teresa and I adopted a Weimaraner from a Maricopa County shelter two years ago. He was neutered, and current on all shots, in great health, and even had a microchip inserted the day we got him. Cost us $78.

The prisoners get the benefit of about $0.28 an hour for working, but most would work for free, just to be out of their cells for the day. Most of his budget is for utilities, building maintenance, etc. He pays the prisoners out of the fees collected for adopted animals. I have long wondered when the rest of the country would take a look at the way he runs the jail system, and copy some of his ideas. He has a huge farm, donated to the county years ago, where inmates can work, and they grow most of their own fresh vegetables and food, doing all the work and harvesting by hand. He has a pretty good sized hog farm, which provides meat, and fertilizer. It fertilizes the Christmas tree nursery, where prisoners work, and you can buy a living Christmas tree for $6 - $8 for the Holidays, and plant it later We have six trees in our yard from the Prison. Yup, he was reelected last year with 83% of the vote. Now he's in trouble with the ACLU again. He painted all his buses and vehicles with a mural, that has a special hotline phone number painted on it, where you can call and report suspected illegal aliens. Immigrations and Customs Enforcement wasn't doing enough in his eyes, so he had 40 deputies trained specifically for enforcing immigration laws, started up his hotline, and bought 4 new buses just for hauling folks back to the border. He's kind of a 'Git-R Dun' kind of Sheriff.

TO THOSE OF YOU NOT FAMILIAR WITH JOE ARPAIO HE IS THE MARICOPA ARIZONA COUNTY SHERIFF AND HE KEEPS GETTING ELECTED OVER AND OVER THIS IS ONE OF THE REASONS WHY: Sheriff Joe Arpaio (In Arizona) who created the 'Tent City Jail': He has jail meals down to 40 cents a serving and charges the inmates for them. He stopped smoking and porno magazines in the jails. Took away their weights Cut off al l but 'G' movies. He started chain gangs so the inmates could do free work on county and city projects. Then He Started Chain Gangs For Women So He Wouldn't Get Sued For Discrimination. He took away cable TV Until he found out there was A Federal Court Order that Required Cable TV For Jails So He Hooked Up The Cable TV Again Only Let In The Disney Channel And The Weather Channel. When asked why the weather channel He Replied, So They Will Know How Hot It's Gonna Be While They Are Working ON My Chain Gangs.

He Cut Off Coffee Since It Has Zero Nutritional Value. When the inmates complained, he told them, 'This Isn't The Ritz/Carlton.....If You Don't Like It, Don't Come Back.' He bought Newt Gingrich's lecture series on videotape that he pipes into the jails. When asked by a reporter if he had any lecture series by a Democrat, he replied that a democratic lecture series might explain why a lot of the inmates were in his jails in the first place. (now that's hilarious because there is so much truth to it!) More On The Arizona Sheriff: With Temperatures Being Even Hotter Than Usual In Phoenix (116 Degrees Just Set A New Record), the Associated Press Reports: About 2,000 Inmates Living In A Barbed-Wire-Surrounded Tent Encampment At The Maricopa County Jail Have Been Given Permission To Strip Down To Their Government-Issued Pink Boxer Shorts. On Wednesday, hundreds of men wearing boxers were either curled up on their bunk beds or chatted in the tents, which reached 138 Degrees inside the week before. Many were also swathed in wet, pink towels as sweat collected on their chests and dripped down to their PINK SOCKS.

'It Feels Like We Are In A Furnace,' Said James Zanzot, An Inmate Who Has Lived In The TENTS for 1 year. 'It's Inhumane.' Joe Arpaio, the tough-guy sheriff who created the tent city and long ago started making his prisoners wear pink, and eat bologna sandwiches, is not one bit sympathetic. He said Wednesday that he told all of the inmates: 'It's 120 Degrees In Iraq And Our Soldiers Are Living In Tents Too, And They Have To Wear Full Battle Gear, But They Didn't Commit Any Crimes, So Shut Your Damned Mouths!' Way To Go, Sheriff! Maybe if all prisons were like this one there would be a lot less crime and/or repeat offenders. Criminals should be punished for their crimes - not live in luxury until it's time for their parole, only to go out and commit another crime so they can get back in to live on taxpayers money and enjoy things taxpayers can't afford to have for themselves. If you agree, pass this on. If not, just delete it. Sheriff Joe was just reelected Sheriff in Maricopa County , Arizona. On the news this morning (December 11, 2007) Sheriff Joe has instituted another Road Gang for DUI Offenders. They will clean up around Phoenix and wear a pink shirt with a sign on the back that says 'Cleaning and Sober' and striped prison pants. What a guy. You just gotta love him. ( If not, ya "just might be part of the problem")

[NordP]

I just did, thank you!

[Guenevere]

bttt

[levotb]

Bravo, Kimberly!!

Pray for Sheriff Joe. The forces against him are great (the Cartels and other smugglers along with the ACLU and reconquistas).

[NordP]

We need SHERIFF JOE FOR PRESIDENT bumper stickers!

[levotb]

I don’t know, blastdad...Look how long—20 years?—it took for SD authorities to supposedly clear out McGonigle Canyon’s encampment!!

[TheBattman]

Mesa Police Chief George Gascon has asked the sheriff for two days notice before he does his patrols in Mesa, and Arpaio said he will give police notice.

If the Mesa Police Chief would due HIS job and duty, Sheriff Joe wouldn't have to go there and do it for him.

[levotb]

ICE should go in and bust the entire town, then rename it with an English name.

[BurbankKarl]

An 18-year-old illegal immigrant has been arrested in connection with the rape of an 11-year-old girl, Maricopa County sheriff's deputies said.

Enrique Jacobo-Valdez was booked into the Fourth Avenue Jail on two counts of sexual conduct with a minor.

Jacobo-Valdez, who is known to the young girl's family, is currently unemployed and had a warrant out for his arrest from Pinal County for possession of dangerous drugs, deputies said.

[webschooner]

Leftie Mayor Phil Gordon is the subject of a recall right now, due to his obstructionism of illegal alien laws. I have no idea if the recall will gain traction.

[levotb]

Say, Man50D!

THEY NEED YOU IN SF TO CLEAN UP THAT SCUMBAG SANCTUARY CITY!! What you advise for Mayor Gordon is good enough for the leftist gander Mayor Newsome, isn’t it? Even L.A. skank mayor Tony Villar! Those three mayors are the three worst in the U.S. All should be indicted for breaking Federal Immigration law and for obstruction of justice—not cooperating with the Feds...

[Dusty Road]

ping

[levotb]

Kolender is just another aidor and abettor...They all need to go!

[levotb]

Thanks for that info tidbit, webschooner! RECALL MAYOR GORDON!!

[Man50D]

THEY NEED YOU IN SF TO CLEAN UP THAT SCUMBAG SANCTUARY CITY!! What you advise for Mayor Gordon is good enough for the leftist gander Mayor Newsome, isn’t it? Even L.A. skank mayor Tony Villar! Those three mayors are the three worst in the U.S.

First I want to see it used against Mayors Destefano and Perez of declared sanctuary cities New Haven and Hartford respectively in my state of Connecticut.

[dljordan]

Thanks for posting that. There are several construction companies in my area which employ hundreds of illegals right out on the roadways in front of everyone. I think I’ll print out part of it and mail it to them.

[eyedigress]

Arpaio has more power as the never ending sheriff than higher office could ever dream of. I’m sure he is quite comfortable where he is at.

[BnBlFlag]

A recent Federal Court decision confirmed that the County Sheriff is the Chief Law Enforcement Officer of the County.He has jurisdiction of all other Agecies including both State and Federal,

[Cobra64]

Sheriff Joe for President, seriously.

True. Enforcing the law. Something that our President and half the Congress don't believe in.

[Solitar]

Phoenix Mayor Phil Gordon and others have asked the federal government to investigate the patrols.

In Wyoming a US District court ruled that the county sheriff has law enforcement power over state and federal officials.

[Waco]

But, you damn sure better buckle your seat belt and quit that jay walkin! And no smoking!!

[ought-six]

“Sheriff Joe for President, seriously.”

I’d vote for him. Hell, I’ll probably vote for him in November as a write-in, since I now live in Illinois and McCain has zero chance of carrying this pathetic state. So, I may as well cast a protest vote.

[eyedigress]

Yup, he has reign over the entire County. Only the Governor has more power and that is a fight Jan won’t get into.

[eyedigress]

The last time I went through there was 1998 and I was going to Chandler from Glendale and the freeway was backed up. It was little Mexico.

[SandRat]

Arizona’s Sheriff Joe Strikes again.

[gubamyster]

ping

[bert]

.....Sheriff Joe for President, seriously....

Why not let him continue to do the job at which he excells?

He has found a path to excellance and to take him off that path would be detrimental.