Pardoning Joe Arpaio

What’s the issue? In July, former Arizona Sheriff Joe Arpaio was convicted of criminal contempt for defying a 2011 court order to stop detaining people based on racial profiling and solely the suspicion that they were in the country illegally. He faces up to six months in jail at his sentencing, scheduled for Oct. 5th, and has said he will appeal. Nonetheless, Trump publicly mused that he was considering a pardon for Joe Arpaio stating, “Is there anyone in local law enforcement who has done more to crack down on illegal immigration than Sheriff Joe? He has protected people from crimes and saved lives. He doesn’t deserve to be treated this way.”

Why do I care? If Trump pardons Arpaio, he will be doing so in order to publicly support Arpaio’s stance on illegal immigration, which is known for being unnecessarily cruel and racist. The Supreme Court upheld in Arizona v. the United States (2012) that it is not a crime solely to be in the United States undocumented. However, under Arpaio’s instruction, law enforcement officers in Arizona were told to verify a person’s immigration status, “where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States” regardless of evidence for any other crime. This practice prompted a class action lawsuit against Arpaio, Mendes v. Arpaio, which found Arpaio’s immigration practices engaged in racial profiling. The courts told Arpaio to take action to strop racial profiling, but Arpaio publicly and repeated refused to do so. It is for this reason that he was convicted of criminal contempt.

It is worth repeating that undocumented immigrants living in the United States are less likely to commit crimes than people born in the United States, and are largely contributing members of society, including paying taxes into programs such as social security that they do not benefit from. Additionally, undocumented workers are not taking American jobs. Studies have shown that immigrants both create jobs and raise wages for documented workers. Thus, targeting undocumented immigrants who are living productive lives in the United States is unnecessary and cruel, a point made by Judge Reinhardt of the U.S. Circuit Court of Appeals for the 9th Circuit when he wrote that the courts were powerless to stop the deportation of a successful Hawaiian businessman, Magana Ortiz, but stated, “the government’s decision to remove Magana Ortiz diminishes not only our country but our courts, which are supposedly dedicated to the pursuit of justice… Magana Ortiz and his family are in truth not the only victims. Among the others are judges who, forced to participate in such inhumane acts, suffer a loss of dignity and humanity as well.”

Arpaio was an early and vocal supporter of Trump, largely because of their similar views on immigration. Arpaio endorsed Trump’s candidacy in January 2016, before the Iowa caucuses saying, “I have fought on the front lines to prevent illegal immigration. I know Donald Trump will stand with me and countless Americans to secure our border.” (For what it’s worth, Arpaio did break with Trump slightly over his “rapists” and “murderers” claim, saying “I agree with him on one aspect, that we do have rapists and murderers coming across the border. But not everybody.”)  Arpaio was also a staunch supporter of the racist “birther” claims that Barack Obama was not a US citizen. As recently as 2016, Arpaio told supporters he was still looking into the claim.

In addition to supporting Arpaio’s racist agenda, if Trump pardons Arpaio, it will continue Trump’s campaign against the courts. Trump has repeatedly raged at both individual judges and the judiciary system since his election. He has accused a judge of being unable to be impartial because of his heritage, blasted the credibility of the U.S. Circuit Court of Appeals of the 9th Circuit, and insulted judges who have put stays on his executive orders. This is a concerning pattern that the Guardian warns could be “hastening a collapse of respect for established institutions” in the United States. Pardoning Arpaio would be just another signal that Trump is willing to side with racism over our judiciary system.

What to do if you care too:

1. Vote. This is a good reminder that it’s important to pay attention to everyone on the ballot, not just your national representatives and the president. Local politicians like Arpaio shape local laws, and they can have national ramifications. Be sure to read up on all of the candidates you’ll be voting for before the next election.
2. Donate to the ACLU. They fight for immigrants’ rights. If you’re looking for a tax deductible donation, you can donate the ACLU’s Arizona chapter.
3. Support immigrants in your community. Frequent their businesses, welcome them into your communities and homes, and speak up on their behalf if you see others doing otherwise.
4. Stand up for immigrants in detention. Organize a vigil and try to get media attention for immigrants in detention near you. Find your nearest ICE detention center here.
5. Denounce racism. Don’t stay quiet if you hear racist comments or see racist activities in your community. You can even amplify your voice by writing an blog or an op-ed piece (like this one by Senator Jeff Flake).
6. Learn more. Read one of the books on this long list about immigration, immigrant stories, and immigrant justice. One of my favorites not on this list is Just Like Us by Helen Thorpe. Check out this helpful primer on citizenship privilege.

 

Cover image by Gage Skidmore from Flickr.