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Arpaio Sweep Ends In Controversy

POSTED: 10:29 pm MST July 25, 2009
UPDATED: 7:32 pm MST July 27, 2009

Maricopa County Sheriff Joe Arpaio wrapped up another east Valley crime sweep Saturday.

While his crime suppression operations have always been surrounded by controversy, this time, there’s a new twist.

He blamed Immigration and Customs Enforcement for forcing him to release 13 illegal immigrants. Those 13 were detained solely for their immigration status. They committed no other crime.

"I have to let these illegals back on the streets, who could be murderers or everything else, because we don't have probable cause,” said Arpaio.

The Department of Homeland Security issued a statement Friday saying it was the sheriff's call.

"The determination to release these individuals lies solely within the Maricopa County Sheriff's Office. ICE officials gave permission to the MCSO 287(g) officer to question the individuals and had no other engagement," said Matt Chandler, spokesperson for the U.S. Department of Homeland Security.

287(g) refers to a federal program which trains local officers to enforce immigration laws through section 287(g) of the Immigration and Nationality Act.

That statement by ICE prompted Arpaio to take the unusual measure of tape recording deputies' conversations with ICE to prove his side of the story.

Arpaio released the tape recordings to the media -- saying the recordings prove ICE agents told his deputies they could not arrest a passenger in a car for being in the country illegally.

“They forced it on me by making false allegations that we are the ones that released those illegals. I had to get some information to counteract that. There's nothing wrong with that," said Arpaio, defending his actions.

Lawyers and community activists responded by calling Arpaio a rogue police officer.

“A passenger was asked to prove their identity. A passenger is not driving, therefore does not need to carry identity. This person was clearly profiled," said Lydia Guzman, president of Somos America. "I think this is another example of abuse of authority, and this is one of the reasons Sheriff Joe is under investigation.”

“We are relieved that Sheriff Joe Arpaio doesn’t have the authority to ask for immigration status of people he detains under false pretenses,” said Elias Bermudez, of Immigrants Without Borders.

Matt Chandler, spokesperson, U.S. Department of Homeland Security, issued a statement that said, "ICE strongly and smartly enforces immigration laws throughout the country. On Thursday, ICE gave the Maricopa County Sheriff's Office permission to interview the three individuals in question, arrest, and initiate removal proceedings -- instead Sheriff Arpaio released them."

"On Friday night, the Sheriff's Office was given specific instructions on how to institute immigration proceedings against any individuals suspected of being in this country illegally, however they declined to do so. These actions are disappointing and detract from immigration law enforcement efforts not only in Arizona, but throughout the rest of the country as well."

Reporter Cara Liu contributed to this story.

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