PHOENIX -- The Maricopa County Sheriff’s Department denies it engages in racial profiling after a controversial comment made by Sheriff Joe Arpaio Saturday.

When a CBS 5 News reporter asked the sheriff how his deputies determined when to question about their immigration status during a news conference Saturday he replied, “Certain criteria -- no identification, look like you just came from Mexico, and they admit it. So that’s enough.”

“It’s absolutely not racial profiling,” said director of custody Jerry Sheridan Monday.

He said appearance is just one factor deputies use when attempting to determine whether to question a person about their immigration status.

“I think you can tell people that are not from this country,” he said. "And I’m not talking Hispanics. Maybe someone from France looks a little different than somebody from Europe or somebody from England looks a little bit different than we do. It’s the same way that they can tell when an American citizen is in Europe."

Sheridan said deputies ask about immigration status based on their experience and training.

“You just get a feel for it and you ask the question, ‘Are you here illegally or are you here legally,” Sheridan said.

The Arizona Anti-Defamation League fights race-based discrimination.

Regional director Bill Straus said the sheriff's comments shows the department is engaging in racial profiling.

“Stopping people because of their appearance,” he said. “That’s what racial profiling is. That’s exactly what it is.”

“I am scared,” Jose Garcia said after hearing about the sheriff’s comment.

He is a legal immigrant who has lived in Phoenix for four years. He owns restaurants called “La Barquita” on 24th Street and McDowell Avenue.

He said his customers fear being detained and questioned by MCSO deputies, and so does he.

“They think all the Mexicans are illegal or something like that, and that’s not true,” Garcia said.

“We don’t just willy-nilly walk down the street and say, ‘Hey, come over here.' We just don’t do that,” Sheridan said.

Sheridan said sheriff’s deputies only pull people over when they suspect a crime is being committed and only question a person about their status after considering a variety of factors, including appearance.

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