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Updated Jan 16, 2014 - 9:09 pm

Arpaio demands feds pay costs in profiling case

PHOENIX — An Arizona sheriff facing huge compliance costs from a court
ruling that found his office had racially profiled Latinos has demanded that the
federal government fork over nearly $38 million, saying Washington is to blame
for providing some of his deputies with faulty immigration enforcement training.

Maricopa County Sheriff Joe Arpaio sent a letter Thursday to U.S. Attorney
General Eric Holder and U.S. Immigration and Customs Enforcement demanding that
Washington pick up nearly $30 million in compliance costs, $1.2 million in legal
fees for defending the sheriff and more than $7 million in legal fees being
sought by the lawyers who won the case.

“The federal government’s failures (as set forth above) are the direct result
of these expenditures,” the sheriff wrote.

In late May, U.S. District Judge Murray Snow ruled Arpaio’s office
systematically singled out Latinos in its regular traffic and immigration
patrols and that sheriff’s deputies unreasonably prolonged the detentions of
people who were pulled over. Arpaio disputes the finding and has appealed the
decision.

The compliance costs include the expense of installing video cameras in
hundreds of the agency’s patrol vehicles, additional training to ensure officers
aren’t making unconstitutional arrests and hiring a court-appointed official to
monitor the agency’s operations.

In the ruling, the judge wrote that Immigration and Customs Enforcement had
trained members of Arpaio’s immigrant smuggling squad that it was acceptable to
consider race as a factor in making law enforcement decisions.

The Justice Department and Immigration and Customs Enforcement declined to
comment on the letter.

Cecillia Wang, a lawyer who pressed the profiling case on behalf of a group of
Latinos, called the sheriff’s letter a publicity stunt that attempts to rewrite
history.

“It’s a complete whitewash for the sheriff to claim that the federal
government is the one to blame,” Wang said.

Arpaio’s office said the federal government backed out of its promise to bear
the costs of any litigation stemming from 100 sheriff’s deputies who at one time
were given the power to make federal immigration arrests. Those deputies were
training by Immigration and Customs Enforcement, which in October 2009 rescinded
the federal arrest powers for the 100 deputies.

But then the sheriff, who had built much of his national political profile on
his immigration enforcement efforts, continued doing immigration enforcement
under state immigration laws. Four months after the deputies lost their federal
immigration arrest authority, Arpaio held a news conference to announce that his
office would train all 881 of its deputies in enforcing immigration law.

The sheriff’s office said the case centered on Arpaio’s federally trained
officers and didn’t focus on other sheriff’s deputies who didn’t have the
federal training but were still involved in immigration enforcement.

Wang said Arpaio’s federally trained officers were a small piece of the case
and that the judge considered the actions of all deputies enforcing immigration
law, not just those with federal training.

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