Last week a federal judge ruled that an independent monitor and a community advisory board must monitor the activities of 81-year-old Arizona Sheriff Joe Arpaio for at least the next three years, to ensure that the Maricopa County Sheriff and his office do not racially profile anyone, specifically Latinos.
Friday’s ruling, which was released on Wednesday, comes after U.S. District Judge Murray Snow ruled this past May that Arpaio and his office violated the U.S. Constitution by unreasonably singling out Latinos when it comes to determining whether or not a person was an illegal immigrant.
The monitor’s have been instructed to review the policies and procedures of the Maricopa County Sheriff’s Office (MCSO) in order to ensure that all law enforcement operations carried out by the sheriff’s office are done in a “race-neutral fashion.”
In addition to the monitor’s role of overseeing the policies of the sheriff’s office, Snow ordered that all traffic stops will now be recorded using audio and video technology, all sheriff’s office employees will receive increased training in anti-discriminatory practices and a comprehensive record-keeping practice will be implemented as well.
“In conducting its activities, MCSO shall ensure that members of the public receive equal protection of the law, without discriminating based on actual or perceived race or ethnicity, and in a manner that promotes public confidence,” Snow wrote in his ruling.
The 59-page order from the judge was quite specific at times and even included text that explicitly prohibited deputies “from relying on a suspect’s speaking Spanish, or speaking English with an accent, or appearance as a day laborer as a factor in developing reasonable suspicion or probable cause to believe a person has committed or is committing any crime, or reasonable suspicion to believe that an individual is in the country without authorization.”
The order is a follow-up to a ruling Snow made in May, when he ordered Arpaio to stop using a person’s race when determining what sort of law enforcement decisions should be made. The ruling came in response to a lawsuit filed against Arpaio by Hispanic drivers who said Arpaio instructed his officers to stop individuals if they look like they may be undocumented.
Cecillia Wang is an American Civil Liberties Union lawyer representing the plaintiffs that filed the lawsuit against Arpaio. She called the order “an important victory” for Latinos and said, “It means the sheriff’s office needs to stop balking and start complying with the Constitution.
“Every person in Maricopa County deserves better than a sheriff’s department that commits pervasive civil rights violations at the expense of public safety. The court’s order will make sure the agency actually enforces the law and will no longer go on wild goose chases based on racial stereotypes. Today’s order is really going to put some sunlight into the corners of the MCSO that have been such a problem in terms of people’s civil rights. It’s a great day,” she said.
Carlos Garcia, an organizer with Puente Arizona — part of the global grassroots movement for migrant justice and human rights — agreed with Wang and issued the following statement:
“Our community declared Arpaio guilty of racial profiling years ago. The only real justice for our community will come when Arpaio is out of office, stripped of all the power that he has used to make us suffer and separate our families.
“Judge Snow’s ruling and the implementation of an independent monitor may potentially help to stop some of the raids and racial profiling that MCSO continues to use to terrorize our community, if this monitor actually has the power to enact changes in the sheriff’s department.
“Our community also must continue to document the abuse we suffer at the hands of the Sheriff and his deputies in order to truly bring him to justice. We demand that all of Arpaio’s victims facing deportation be immediately freed from detention and that all of those deported because of his abuses be allowed to return home.”
On Wednesday afternoon, Arpaio released a statement saying that he has “received a copy of the court order and I am in the process of discussing it with our attorneys. We are identifying areas that are ripe for appeal.
“To be clear, the appointed monitor will have no veto authority over my duties or operations,” the statement said. “As the constitutionally elected Sheriff of Maricopa County, I serve the people and I will continue to perform my duties and enforce all laws.”
Arpaio’s lawyer Tim Casey said he was still reviewing the order, but said that he was “pleased with its very moderate sensible tone.”
“The sheriff is still in exclusive charge of the MCSO,” Casey said, noting their concern was that the monitor would have too much authority.
“The monitor cannot tell us what to do or not to do,” Casey said. “The court will make the ultimate decision on whether or not the MCSO is in compliance with its order, and we’re very pleased with that.”
Though the order doesn’t prohibit Arpaio from enforcing the state’s immigration laws, it does restrict the sheriff’s office from heavily patrolling Latino areas in the county.
Arpaio was elected last year to serve his sixth term as sheriff and touts himself as “America’s toughest sheriff.” Despite being accused of violating the civil rights of Arizona residents, Arpaio has long denied that he and his officers profile Latinos.
However, last year the U.S. Department of Justice filed a lawsuit against Arpaio, alleging that the sheriff had violated the civil rights of many people in Arizona by retaliating against critics and punishing Latino jail inmates for speaking Spanish.
Arpaio has denied the claims.