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9/27/2012 12:01:00 AM
Local police mull SB1070 enforcement; officers must walk a fine line of following law, avoiding profiling
Matt Hinshaw/The Daily Courier, photo illustrationUnder the provisions of the newly approved portion of SB1070, police officers are obligated to make a reasonable effort to confirm the immigration status of people they stop, detain or arrest if they suspect a person is here unlawfully. Local agencies are working on policies regarding when and how to apply the law.
Matt Hinshaw/The Daily Courier, photo illustration
Under the provisions of the newly approved portion of SB1070, police officers are obligated to make a reasonable effort to confirm the immigration status of people they stop, detain or arrest if they suspect a person is here unlawfully. Local agencies are working on policies regarding when and how to apply the law.
Scott Orr
The Daily Courier

PRESCOTT - In the wake of a decision by a judge to allow enforcement of the so-called "show me your papers" portion of Arizona's SB1070, local police department officials said they are working up policies related to the law.

The decision last week by U.S. District Judge Susan Bolton means that police are required to check the citizenship of anyone they encounter, while enforcing other laws, whom they believe may be in the country illegally. Often called the "show me your papers" provision of the Support Our Law Enforcement and Safe Neighborhoods Act, it had been held up in legal proceedings.

The U.S. Supreme Court ruled in June that three of the four portions of the law could not be put into effect, but that it would likely be possible to enact Section 2(B) without violating rights, despite arguments raised by the American Civil Liberties Union, the National Immigration Law Center, and the Mexican American Legal Defense and Educational Fund, among others, that it would lead to racial profiling.

Last week, Bolton said because the Supreme Court had ruled that the section "cannot be challenged further on its face before the law takes effect," she would lift an injunction stopping it. In other words, those who oppose it will have to file a lawsuit alleging that SB1070 actually led to a specific instance of racial profiling.

The 9th U.S. Circuit Court of Appeals on Tuesday again turned down a new request for an injunction on the grounds that the law would inevitably lead to racial profiling, refusing to put it on hold, even temporarily.


The rulings mean police departments are now doing their best to craft rules and policies to make sure that they can enforce the law without even the appearance of profiling.

Prescott Valley Police Sgt. Brandon Bonney said the ruling does not really change his agency's day-to-day work. "Our enforcement efforts are staying the same," he said. "Now that the majority of court rulings are done at this point, that allows us to sit down and draft some (internal) policies that more specifically deal with the enforcement of SB1070."

Bonney said PVPD, like other Arizona law enforcement agencies, received training from the Arizona Peace Officers Standards and Training board, including "what was excluded and what wasn't, what should be included and what shouldn't."

He said the goal of any new policies will be to "ensure we are following SB1070 in both the letter and the spirit of the law."

In response to a request for an interview, Sgt. Ken Morley of the Prescott Police Department issued a written statement that said, in part, "The Prescott Police Department has trained its officers as to the enforcement of this law and will continue to train in this area regarding any further developments.

"A.R.S. 11-1051 requires that an officer first have lawfully stopped, detained or arrested a person. If reasonable suspicion exists after the stop, detention or arrest, as to whether that person is an alien and unlawfully in the United States, the officer can make a reasonable attempt, when practicable, to determine immigration status of that person, pursuant to the statute."


Immediately after the ruling in June, the Department of Homeland Security (DHS) rescinded agreements it had with law enforcement, including the YCSO, to allow specially trained officers to determine if a person is the United States illegally and then hold them pending deportation.

But, Yavapai County Sheriff Scott Mascher said, Immigration and Customs Enforcement (ICE) has continued to support the program, known as 287(g), at the Yavapai County jail, although not for deputies in the field.

Maricopa County Sheriff Joe Arpaio claimed ICE officers last Thursday refused to pick up two illegal immigrants his deputies were holding. An ICE spokeswoman said in a statement that MCSO was told to contact the Border Patrol, which is the "primary DHS agency" dealing with border crossers in the area.

Mascher acknowledged that, to some extent, Arpaio's complaint is valid.

"If we make a traffic stop (and find the driver is here illegally), ICE may not want to come take custody of that suspect," he said, and that "frustrates the deputies who are just trying to enforce state law."

There have been other cases of ICE not taking action, Mascher said, almost always because the reason deputies apprehended the suspects was not a serious crime. He gave the example of a cleaning service that accidentally set off an alarm in an office. Deputies arrived, found they were indeed an authorized cleaning crew, but that one or more of the crewmembers were here illegally.

"ICE said, 'No, we're not going to come get them,'" he recounted.

Mascher said, in his experience, ICE does deport suspects involved with criminal activities, particularly narcotics trafficking.

He said the state law was created because the federal government is not doing enough to stop illegal immigration, but now, with ICE refusing to take custody of some suspects, the effect of the law is diluted.

"It bothers me," he said, that illegal aliens are already breaking the law, but ICE is seemingly willing to act only if what his deputies find them doing is a crime.

"You have the authority, the jurisdiction on immigration crimes," he said. "But the federal government is not enforcing (the law)."

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Reader Comments

Posted: Sunday, September 30, 2012
Article comment by: @ brown skinned woman and like minded people

If you get pulled over you will be asked for your "papers". Just as I will and anyone else in this country. Papers such as license, registration, and insurance. Turning every traffic stop into a discrimination case is beyond ridiculous. What if its to use your wording a "brown skinned" cop? I am sick of people turning immigration into a race battle. I am not racist to any degree but this whole immigration problem needs to get taken care of. Even a blind man can see this.

Posted: Saturday, September 29, 2012
Article comment by: mitch chickelero

In the 1960's the US used some 1500 Guatemalan citizens in an experiment to study the spread of STD's by infecting them intentionally with syphlisis and goneria. This was admitted in an apology by Obama published by Guatemalas largest newspaper "Nuestro Diario" earlier this year.
So hey, look out, we footage stop those wet-backs before they steal another chance for us to be a LAB-RAT! Get a life!

Posted: Friday, September 28, 2012
Article comment by: espalda mojada


You and your attitude are part of the problem, not part of the solution. We can only hope you don't prejudice your son with your toxic attitude.

Posted: Friday, September 28, 2012
Article comment by: Go to Europe or Mexico

and try the USA attitude that you refuse to show identification and see what happens. This administration is doing reverse results and it's dangerous. Terrorist can enter our country too easily as the past will show.

Posted: Friday, September 28, 2012
Article comment by: david kramer

So what do you call it when we go to Mexico and the Federalies want to see our papers? Can a US citizen even buy a Mexican piece of property, or even have a Mexican job?

Posted: Friday, September 28, 2012
Article comment by: Bob Roberts

Here's an Obama comment that mentions NO other president: His administration has deported MORE illegal aliens each year than the last one.

Look it up.

Posted: Friday, September 28, 2012
Article comment by: Tom Von Deck

To @Tom Von Deck: I'm saying, yet again, that Obama and Bush era ICE is/was deporting the same number of people. Obama's apparently using the same budget and enforcing the law a bit more wisely. If someone's committing crimes or just being a scumbag, ICE will prefer to deport those people. Therefore, Obama's not "refusing" to deport anyone. The numbers are about the same as the last 12 years. If Obama was conservative and Bush was liberal, some of these commenters would say "Look, we have far less illegal immigrants than before. Our Prez is a genius!"

Posted: Friday, September 28, 2012
Article comment by: Our Education System Has Failed Us

"WE MUST SECURE ARE BORDERS HOWEVER being RACIST is WRONG which alot of you that are posting are racist not only against mexicans but of all people of different color."

This is just one example. It will only get worse if we allow non-English speaking people to retard the progress of education of our children.

Posted: Thursday, September 27, 2012
Article comment by: @Tom Von Deck

Geesh Tom, all you think about is Bush. Bush this, Bush that. Almost 4 years of Obama, and it's still Bush. Bush did this, Bush did that.

I don't care, at this point, what Bush did. Fact is, illegals are still illegals. Why can't any government, mine or yours, fix the problem? Can you explain, without using Bush as an example, why Obama refuses to deport illegals?

Posted: Thursday, September 27, 2012
Article comment by: BROWN SKIN WOMAN

Driving While Brown.
It makes me laugh at yall when you put up your comments about getting these brown skinned people out of here. But when I go to eat at a MEXICAN Rest. I laugh at yall White peoples cause you eaten all the MeXICAn's foods...... My son is Brown skinned and we moved to Camp Verde and now one of them Red necks telling my son to go back to Mexico What the problem is that the parents are teaching them all this kind of stuff

Posted: Thursday, September 27, 2012
Article comment by: Support SB 1070

It hasn't even been enforced yet and it's already working! Mexican illegals are self-deporting. Things are getting better for us legal citizens, but we need to keep up the efforts.

Posted: Thursday, September 27, 2012
Article comment by: Tom Von Deck

@Tired of Business: If you feel that everyone here illegally should be removed, I have no problem with that opinion. My main point is that Obama and Bush era ICE has been deporting the same amount of people all along. Now that there are far less people crossing the border, this means that Obama's ICE is deporting a lot more people per capita. Perhaps you'd like that budget to be increased for a big roundup. The main thing I would take issue with is all the LEGAL dark skinned citizens getting harrassed or needing to produce more papers than the rest of us who may just have to show ID once in a while if we don't look straightlaced enough.

Posted: Thursday, September 27, 2012
Article comment by: Profile Smofile

The ONLY ones complaining must have something to worry about. People need to be responsible to themselves and carry whatever is necessary to exonerate them. Why is this hard? I have an idea, if you don't like the law, then go back to Mexico. No one is demanding that you stay. But we WILL demand that you prove you are here legally. To ask for proof is not profiling but COMMON SENSE. I'm personally tired of paying for the illegal population to drive up costs to me and my family. Get them out if you are not supposed to be here.

Posted: Thursday, September 27, 2012
Article comment by: Mr. Food Bank

While we are at it can we deport all our drugies to Mexico. Then they will be able to get all the dope they want dirt cheap. Don't forget to take Rita with them.

Posted: Thursday, September 27, 2012
Article comment by: What part of Illegal Do you not understand?

It amazes me that this is even news. Illegal is Illegal. Period. Why is this still even a discussion that merits our time and energy as a nation. Our federal government has the responsiblity to protect our borders. They are failing in a huge way. Therefore our great state has to pick up the pieces to enforce THE LAW. Kudos to Gov. Brewer for having the courage to stand up to our communist administration and fighting for our constitution. If you are living here and the right to bear arms, pro life, traditional marriage only, anti obama care, english only, and rule of law is not in your political culture, be all of our guest and look west to the great socialist/liberal state of CA. Please stop trying to change the conservative culture of AZ. It will never be CA or the communist state of MA. Get over it. Love it or Leave it.....God Bless America, God Bless Jan Brewer, God Bless Arizona and most importantly, God Bless our law enforcement officers who are put in harms way. May God protect and watch over them and their families as they are forced to do what Obama and his un-american followers will not. Amen.

Posted: Thursday, September 27, 2012
Article comment by: Andy Anderson

"Fathom the hypocrisy of a government that requires every citizen to prove they are insured... but not everyone must prove they are a citizen." ---Ben Stein

Posted: Thursday, September 27, 2012
Article comment by: Old Vet

It is hard to believe these illegals didn't have phony ID. Sheriff Arpaio gets them for ID theft or other ID crimes all the time. Why can't YCSO do this?

Posted: Thursday, September 27, 2012
Article comment by: To Tom Steele

"We need a "real" American administration to restore the rule of law. Come January 22, we WILL have restored the principals that will provide pride in our country once again."

Tom, an election won't change anything. The last administration (Republican) was as reluctant to enforce immigration laws as the present one.

Don't get partisan over this.

Posted: Thursday, September 27, 2012
Article comment by: What's The Big Deal

Why is it so bad to ask people for their "papers"? When we traveled in Europe we carried our "papers" with us and had to produce them everywhere - even to check into a hotel. So what is the big deal here?

Posted: Thursday, September 27, 2012
Article comment by: Do it right .....simple

I became a citizen 6 years ago. I will gladly and proudly produce my papers. I have nothing to hide. Maybe those that object to producing their papers have something to hide. The rules are made to follow, not to challenge or break. If I'm in your house illegally, you're gonna kick me out!!!! Get a mortgage or pay rent, I can stay. Get over it. If you're here illegally, you shouldn't be......SIMPLE!!!! Where the hell is the argument?

Posted: Thursday, September 27, 2012
Article comment by: The Wino is correct on this

Hey Wino it looks like your in a correct frame of mind today. You are actually right on your post you gave. Its true arabs are going to mexico learning spanish posing as mexicans and coming across our borders its true. WE MUST SECURE ARE BORDERS HOWEVER being RACIST is WRONG which alot of you that are posting are racist not only against mexicans but of all people of different color. So there is a difference!!!!!!!! I was born and raised here moved to Denver in 1989 came back in 2007 with my 4 interacial children and they have had the hardest time here. So you who have a little man complex improve your self esteem and make a choice or a post for the RIGHT REASON instead of being RACIST!!!!!!!

Posted: Thursday, September 27, 2012
Article comment by: Sanity Please

Anyone against strict enforcement of immigration laws, wherein people entering the country illegally are sent back to where they came from, are not sane people. That's all there is to it. All the mamby-pamby nonsense and jibber-jabber is useless and only for those who are not sane. The fact is that a sane entity, be it a country, a school or a household, will prevent those who are not authorized to enter, from entering. If un-authorized people enter the premises, they are promptly removed. Otherwise, chaos and disaster will ensue.

You can see several of the usual liberal suspects commenting here today, apologizing for illegal aliens and for the politicians who help to bring/keep them here. They are not sane. How could anyone believe that they are? Oh, is it words like "compassion" and "fairness" that rule the day in their insane minds? I suppose that just might be the case.

Now they'll tell me I'm trying to paint the issue with too broad a brush. But that's just another method of those who do not practice sane thoughts and actions. They think it makes them sound smart to take issues and pick them apart, looking for ways in which to obscure and manipulate the issue in the effort to make it seem like there really is no "right or wrong". Yeah, they actually think that makes them sound smart...or sane for that matter.

Posted: Thursday, September 27, 2012
Article comment by: Tired of business as usual...

To Tom von Deck-
This is part of your response:
"They are enforcing the law, just not the state law. The federal government has decided to concentrate on deporting undocumented immigrants who are a threat to their communities. They still deport the same amount of people as Bush, but they focus their efforts on potentially dangerous or highly dysfunctional people."
"Undocumented Immigrants"?? That's like calling a drug dealer an "Unlicensed Pharmacist" And "Highly Dysfunctional People"? Where did you get that one? It isn't in the DHS terminology anywhere. Please explain to us what a "Highly disfunctional person" there some outward sign? Can you tell by looking at them? Are they a certain color? Do they dress differently? Wake up man...They broke the law to come here. Many good men and women have given their lives to stop the human smuggling trade and yet you, Ms. Svendson, and "Just confirms" all think it's OUR fault for wanting the law enforced. You people are pitiful excuses of Americans. If you are so determined to support that type of legal system, have absolutely no system of justice or rule of law, and/or demand no expectation of security from your Governor or legislators, then please feel free to move to California...that's how they do it there. You'll feel right at home. That is, if you can find a home, or a job, or a car, or a place in school for your child...or someone who speaks your language at the local store...anyway, have fun. We'll miss you.

Posted: Thursday, September 27, 2012
Article comment by: Byte Me

So ICE won't pick up those who have not committed a crime. It seems to me that being an illegal alien is a crime and should be treated as such. How about cuffing them all together at the end of the duty day and dropping them off on the front lawn of the ICE office. Then they can sort them out.

Posted: Thursday, September 27, 2012
Article comment by: @Kathy Svendsen

You say "all jobs not wanted by natives." - are these the same people that are collecting food stamps and living off of the system?

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