Federal Court Overturns Order Barring Sheriff Arpaio From Conducting Workplace Raids

The groups involved in the case may be upset that Sheriff Arpaio will soon be free to enforce the law, but most residents of Maricopa County are probably happy to hear that law enforcement will have a better chance of catching illegals who take part in identity theft, of which there are many in the the Grand Canyon State:

“’These bills were passed, at least in part, in an effort to solve some of Arizona’s problems stemming from illegal immigration,’ the opinion stated. ‘But these bills were also aimed at curbing the growing and well-documented problem of identity theft in Arizona.’

The case has been sent back to the lower U.S. District Court for review.

‘The harm to society and individuals, is still real, and it’s still there,’ said Deputy Chief Jack MacIntyre. ‘With the preliminary injunction being lifted, it’s still an issue that probably needs to be addressed by law enforcement, including the prosecuting arm of the state.’  Officials from Arpaio’s office said the lawman has not yet decided whether to resurrect the ID-theft enforcement unit.

Plaintiffs’ attorneys said the injunction would remain in place for at least 21 more days. And if Arpaio does opt to reinstate the unit, he first would have to check  with the U.S. Department of Justice.

Last year, Arpaio’s attorneys reached a settlement agreement with the DOJ over a racial-profiling lawsuit that, in part, covered workplace raids. According to the agreement, Arpaio must provide the DOJ with draft policies and protocols before resuming any workplace operation that targets three or more suspects.

A statement issued by Montgomery’s office on Monday said the injunction had prevented the prosecution of those accused of stealing identities, ‘leaving hundreds of identity theft victims unprotected.’

‘Today’s ruling should make clear that categorical attacks on Arizona laws that have a tangential relationship at best to an individual’s immigration status will not find welcome even at the Ninth Circuit,’ Montgomery said in the statement.  ‘We believe our identity theft laws are fairly applied, protect Arizona victims of identity theft, and do not intrude on the federal immigration system and we look forward to the opportunity to now make that case at trial.’

Campbell’s injunction had prompted the dismissal of more than 200 identity-theft cases. County Attorney spokesman Jerry Cobb said prosecutors would review the dismissed cases but said prosecution ‘may be difficult in instances where a defendant or victim has left the jurisdiction.’”

Source: AZ Central



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