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This County Was the “Model” for Local Police Carrying Out Immigration Raids. It Ended in Civil Rights Violations.

10 22
tuesday

by Rafael Carranza, Arizona Luminaria

This article was produced for ProPublica’s Local Reporting Network in partnership with Arizona Luminaria. Sign up for Dispatches to get our stories in your inbox every week.

Manuel Nieto Jr. and his sister had just pulled into a gas station to buy cigarettes and Gatorade when he noticed a sheriff’s deputy standing over two Latino men on the ground.

Their north Phoenix neighborhood was on alert. Sheriff’s deputies had been targeting day-labor centers in the area and making traffic stops — arresting people who couldn’t prove their immigration status. They had one thing in common: They looked Latino.

“No diga nada. Pídale un abogado,” Nieto’s sister, Velia Meraz, yelled to the detained men, according to court testimony. (“Don’t say anything. Ask for an attorney.”)

The deputy warned Nieto and Meraz: “You need to get out of here, now.”

Nieto drove around the corner to his dad’s auto repair shop as another deputy on a motorcycle followed him, siren and lights on, and patrol vehicles swarmed. Deputies approached — guns drawn.

Nieto dialed 911 for help: Officers were harassing him, he would later testify in court. One pulled Nieto from his vehicle. Others pinned him to the ground and handcuffed him.

Nieto’s father came running from his shop.

“Let my children go,” Manuel Nieto Sr. said. “They’re U.S. citizens. What did they do wrong?”

The raid that ensnared Nieto Jr. and Meraz 17 years ago was carried out under a federal Immigration and Customs Enforcement program that grants local police powers to check immigration status during traffic stops and other routine encounters. The Maricopa County Sheriff’s Office, under then-Sheriff Joe Arpaio, was among the first in the nation to test out ICE’s 287(g) task force program.

Since President Donald Trump retook office in January, similar scenes of local officers joining in aggressive immigration arrests have multiplied as ICE has rapidly expanded the 287(g) task force program to deputize local police officers as de facto deportation agents.

Moments after Manuel Nieto Sr. stormed out of his north Phoenix auto shop, the deputies left without arresting or citing his children. But Nieto Jr. and Meraz didn’t move on. They joined three other county residents in suing the sheriff’s office, accusing deputies of targeting them solely because they were Latino.

A federal judge agreed that the task force’s traffic stops and raids on Hispanic neighborhoods, day-labor centers and other businesses had violated Latinos’ civil and constitutional rights. Even after the ruling, the judge found Arpaio continued to detain people based solely on suspected civil immigration violations.

The U.S. Department of Justice also conducted a civil rights investigation into the sheriff’s office’s discriminatory practices, and ICE ended Arpaio’s 287(g) agreement. In 2012, ICE suspended all local police deportation task forces nationwide, only restarting them after Trump began his second term in January.

Many Arizonans who lived through Arpaio’s 287(g)-fueled immigration-enforcement campaign see parallels between what happened in Maricopa County and what’s now playing out across the country as local officers join forces with ICE. They also foresee costly troubles for local agencies that follow in Maricopa County’s footsteps, including difficulty regaining the trust of Latino residents whose constitutional rights are violated by local officers.

The White House and Immigration and Customs Enforcement did not respond to Arizona Luminaria and ProPublica’s questions.

Arpaio told Arizona Luminaria and ProPublica that he became a target of political persecution for helping enforce immigration laws, which he saw as part of his job.

“I’d do it over again,” Arpaio said. “I tell everybody: I didn’t do anything wrong. I had a federal court who was biased against me. And all they could get me out on was a contempt of court? Think of that.”

Meanwhile, Maricopa County continues to reckon with its time allowing deputies to act as immigration officers.

Under a settlement agreement, the court mandated broad oversight of the sheriff’s office and appointed a monitor to track its compliance. Since then, the law enforcement agency has been required to meticulously document all interactions with the public. In the 12 years since, the department has yet to convince the judge that its deputies don’t racially profile Latino drivers and that it adequately investigates deputies’ alleged misconduct.

Salvador Reza is a longtime community organizer who advocates for day laborers in Phoenix. He said his work put him in the crosshairs of Arpaio’s immigration enforcement, leading to his arrest for obstruction during a protest. (The county declined to pursue charges against him.) Because of what happened in Maricopa County, he believes Latinos, including in the communities whose police departments have joined forces with ICE, are now more likely to be racially profiled.

“At that time, we were a laboratory,” Reza said. “They did the experiment, and basically now they’re implementing it at the national level.”

Guadalupe, Arizona, where most residents are Latino or Native American, became one of Arpaio’s targets for immigration enforcement, which escalated under a 287(g) task force agreement with Immigration and Customs Enforcement. (Jesse Rieser for ProPublica) 368 Paragraphs on Required Reforms

The lawsuit brought by Nieto Jr., Meraz and the other county residents became known as Melendres v. Arpaio — for Manuel de Jesus Melendres Ortega, a legal resident who was arrested in one of Arpaio’s sweeps.

When U.S. District Judge G. Murray Snow certified it as a class-action suit in December 2011, he indicated racial profiling by the sheriff’s office had been so widespread it could have violated the constitutional rights of any Latino in Maricopa County, one-third of the population.

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