U.S. District Court Judge Murray Snow criticized sheriff Joe
Arpaio during a hearing in Phoenix for telling a reporter he would
have no problem conducting an immigration sweep like one performed
in the town of Guadalupe in 2008, which was later declared
unconstitutional.
The judge ruled in May 2013 that Arpaio, who bills himself as
"America's Toughest Sheriff," violated the rights of Latino drivers
with his crackdown on illegal immigration and ordered him to stop
using race as a factor in law enforcement decisions.
Snow said Arpaio's recent comments undermined his office's efforts
to comply with the ruling.
The ruling stems from a 2007 class-action lawsuit by Hispanic
drivers, who argued they were unlawfully singled out for traffic
stops on the basis of ethnicity.
The case tested whether police could target unauthorized illegal
immigrants without racially profiling U.S. citizens and legal
residents of Hispanic origin.
Arpaio's operation in Guadalupe were a major part of the case.
Arpaio did not attend Tuesday's hearing, but has consistently denied
allegations of racial profiling and is appealing the judge's ruling.
His attorney, Tim Casey, argued that Arpaio's recent statements were
protected by the First Amendment and questioned whether they would
impact the office's improvement efforts.
"Good faith exists in the deed, not the spoken word," he told the
court.
Plaintiff’s attorney and director of the American Civil Liberties
Union Immigrants' Rights Project, Cecillia Wang, said Arpaio should
be held in contempt if his behavior continues.
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"He needs to know that there will be consequences for his actions,"
Wang said after the hearing.
The judge also criticized the office's handling of an investigation
into allegations that a deputy who committed suicide was shaking
down illegal immigrants and that others may have been involved.
Ramon "Charley" Armendariz, who testified at the racial profiling
trial, was found with numerous videotapes of traffic stops and
personal information of drivers with Hispanic surnames at his home.
Included were license plates, credit cards and identification cards.
A monitor appointed by the court to watch Arpaio’s operations said
on Tuesday the investigation by sheriff’s officials was sorely
lacking.
(Editing by Curtis Skinner and Michael Perry)
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