econintersect.com
       
  

FREE NEWSLETTER: Econintersect sends a nightly newsletter highlighting news events of the day, and providing a summary of new articles posted on the website. Econintersect will not sell or pass your email address to others per our privacy policy. You can cancel this subscription at any time by selecting the unsubscribing link in the footer of each email.



posted on 01 September 2017

Arpaio Pardon Could Encourage More Civil Rights Violations

from The Conversation

-- this post authored by Steven Mulroy, University of Memphis

President Donald Trump pardoned Joe Arpaio, the former Arizona sheriff who illegally used racial profiling to enforce immigration laws, on Aug. 25.


Please share this article - Go to very top of page, right hand side, for social media buttons.


It’s true, Trump has the legal power to pardon pretty much anyone. But pardoning Arpaio may send the message that state and local officials can aggressively enforce federal immigration law, even if it risks racial profiling and violating the due process rights of citizens and noncitizens.

Legal limits on immigration enforcement

Arpaio has long been known for his harsh practices like requiring inmates to work on chain gangs and live in outdoor tent cities in the scorching Arizona heat. He prioritized immigration enforcement at the expense of crimes like sexual assault.

In 2011, a federal court found that Arpaio’s sheriff’s department unconstitutionally racially profiled Latinos. The court additionally noted that state and county officials had no authority to enforce federal immigration law without authorization from the federal government. Arpaio had no such authorization.

As a former federal prosecutor and Justice Department civil rights lawyer, I know that state and local cooperation can be helpful in enforcing federal law. But as I teach my constitutional law students, when it comes to immigration, federal law usually preempts state law. State overenforcement of immigration law can actually interfere with federal policy. So, state officials should enforce federal immigration law only where the federal government asks them to.

More fundamentally, no federal or state official can legally target people for immigration-related stops and questioning just because they look Latino. And as the Supreme Court has stated, even noncitizens have the right to due process and to be free from racial discrimination, as long as they are present in the U.S.

Arpaio’s detentions and questioning thus broke the law by violating individuals’ due process and Fourth Amendment rights to be free from unreasonable search and seizure. The court ordered Arpaio and his office to stop using race as a factor in its enforcement decisions. His deputies could detain individuals based on probable cause that they had violated some state law, but not merely because they suspected them of being in the U.S. illegally.

Consequences of a pardon

In July, another federal judge convicted Arpaio of criminal contempt for intentionally violating the first court’s prior orders. His sentencing hearing is set for this October.

It is unusual for a president to pardon someone before he or she is sentenced. Doing so suggests that Trump felt Arpaio did nothing wrong.

The pardon may encourage like-minded state and local officials to racially profile Latinos, too. More broadly, it may encourage state and local officers to aggressively enforce federal immigration law. Many experts and law enforcement officials criticize such state and local enforcement, saying it erodes trust with immigrant communities, making them too fearful to report local crimes and cooperate with police.

Arpaio’s pardon does not mean a complete clean slate for him. It would not erase a separate court ruling from 2016 that found him in civil contempt of court. Civil contempt is a noncriminal finding, which could require remedial measures like court-ordered reforms, reporting requirements and the like. These do not fall under the reach of the president’s pardon.

The ConversationNor does a pardon mean that he or his department are allowed to return to their unconstitutional practices. Arpaio himself is now out of office, having lost his most recent election. And the Maricopa County Sheriff Department is still under a court order to refrain from racial profiling and other illegal immigration enforcement efforts. But the pardon may embolden immigration hawks and infuriate Trump’s opponents - which, in the end, might very well be the intention.

Steven Mulroy, Law Professor in Constitutional Law, Criminal Law, Election Law, University of Memphis

This article was originally published on The Conversation. Read the original article.

>>>>> Scroll down to view and make comments <<<<<<

Click here for Historical Opinion Post Listing










Make a Comment

Econintersect wants your comments, data and opinion on the articles posted. You can also comment using Facebook directly using he comment block below.




Econintersect Opinion








search_box
Print this page or create a PDF file of this page
Print Friendly and PDF


The growing use of ad blocking software is creating a shortfall in covering our fixed expenses. Please consider a donation to Econintersect to allow continuing output of quality and balanced financial and economic news and analysis.







Keep up with economic news using our dynamic economic newspapers with the largest international coverage on the internet
Asia / Pacific
Europe
Middle East / Africa
Americas
USA Government





























 navigate econintersect.com

Blogs

Analysis Blog
News Blog
Investing Blog
Opinion Blog
Precious Metals Blog
Markets Blog
Video of the Day
Weather

Newspapers

Asia / Pacific
Europe
Middle East / Africa
Americas
USA Government
     

RSS Feeds / Social Media

Combined Econintersect Feed
Google+
Facebook
Twitter
Digg

Free Newsletter

Marketplace - Books & More

Economic Forecast

Content Contribution

Contact

About

  Top Economics Site

Investing.com Contributor TalkMarkets Contributor Finance Blogs Free PageRank Checker Active Search Results Google+

This Web Page by Steven Hansen ---- Copyright 2010 - 2017 Econintersect LLC - all rights reserved