The Maricopa County Sheriff’s Office in Arizona has a “chronic culture of disregard for basic legal and constitutional obligations,” according to a Dec. 15 Justice Department report (.pdf) that details MCSO’s pattern of abuse and negligence under the leadership of Sheriff Joe Arpaio.
The report says, for example, that MCSO uses unverified tips about the presence of Latinos to conduct immigration enforcement operations with no credible information about criminal activity or immigration violations.
In one case, Sheriff Arpaio received a letter that requested a “round-up” at a location where people with “the look of the Mexican illegals” gather; Arpaio passed it on to his command staff to address because he considered it “intelligence,” the report says.
DOJ also found that MCSO officials exploit limited English proficient (LEP) Latino inmates. In some cases, officials have told LEP inmates to sign forms written in English, such as voluntary return forms that indicate an agreement to leave the United States. Officials compel inmates “by yelling at them, routinely failing to advise them of their rights, and confining them in uncomfortably cold cells for extended periods of time,” the report says.
Detention officers also punish inmates who do not speak English, according to the report. DOJ found one instance where an inmate tried to explain that her sheets were soiled by using another inmate as an interpreter. But the detention officer denied her request and said that she had to make the request herself in English.
The report criticized many other practices. MCSO traffic stop activities disproportionately target Latino drivers compared to similarly situated non-Latino drivers. Over a three-year period, the Human Smuggling Unit’s traffic-related incident reports showed that about one-fifth of stops were conducted in violation of the Fourth Amendment.
DOJ also accuses MSCO of “deliberate indifference” to how its immigration enforcement program compromises its ability to provide effective policing services to the county’s Latino population.
DOJ interviewed dozens of MCSO officials, including Sheriff Arapaio, and toured MCSO’s six facilities–but only after DOJ filed a lawsuit to force MCSO to comply. MCSO refused to cooperate with the investigation for 18 months before DOJ took legal action.
The report concludes that MCSO should train deputies in constitutional policing and develop detailed policies and procedures for its immigration enforcement practices.
MCSO supervisors undervalue the usefulness of data collection and statistics, the report notes, so DOJ says MCSO should implement a data collection system that tracks all law enforcement activity. This will enable MCSO to intervene when abuses occur.
The report also suggests that MCSO develop a comprehensive complaint, investigation and disciplinary system to hold officers accountable when they violate policy or the law. DOJ notes that this should include access for LEP individuals.
If MCSO chooses not to address the concerns noted in the report, DOJ says it will take legal action.
