Maricopa County Sheriff's deputies witnessed the impact of new federal immigration regulations during the course of a ""crime suppression operation"" Thursday night in the Southeast Valley, as they were instructed to release three people who were detained.
The three were suspected to be in the country illegally, but because they had committed no other criminal or civil violations, the deputies were instructed by federal Immigration and Customs Enforcement agents to let the three go free.
The action came months before the deadline for the Sheriff's Office to agree to the new federal regulations
Until now, the Sheriff's Office detained all suspected illegal immigrants deputies encountered until the immigrants began deportation proceedings.
“What can we do with them? It's a problem. I don't like it,” Sheriff Joe Arpaio said Friday. “We did lose a tool last night.”
Thursday night's operation resulted in 48 arrests including nine suspected illegal immigrants who committed a civil-or-criminal violation and the three who were ultimately released.
Two weeks ago, the Department of Homeland Security revealed a series of new regulations for law-enforcement agencies participating in a program that trains local police and deputies to become immigration agents.
The new regulations are designed to renew the focus on capturing ""criminal aliens,"" illegal immigrants who had committed some other offense beyond crossing the border illegally. The regulations also came with a 90-day review period for agencies participating in the program, known as 287(g) to determine whether they wanted to continue participating.
The Maricopa County Sheriff's Office has sent 160 deputies and detention officers through the federal training since joining the program in February 2007, and the agency has become a focal point for immigration and civil-rights advocates who feel Arpaio uses the authority to abuse the rights of Hispanic residents.
Arpaio uses the state's human-smuggling law to conduct the controversial ""crime suppression operations,"" where dozens of deputies converge on areas with a high Hispanic population to deter crime and root out illegal immigrants. But the sheriff's deputies need federal authorization to detain suspected illegal immigrants who have not committed another offense.
Until Thursday evening, Arpaio's participation in the program gave his deputies that authorization.
The sheriff said because federal officials have changed the rules of engagement, he might stop participating in the program all together, a decision that would jeopardize the ability of deputies to screen jail inmates for immigration violations.
The three people briefly detained in Thursday night's operation were passengers in cars and had committed no violation when deputies began questioning the individuals about their nation of origin and immigration status.
When deputies contacted local ICE officials, they were told to release the detainees.
Matt Chandler, a spokesperson for the U.S. Department of Homeland Security, said on Thursday that Arpaio conducts the immigration sweeps under state law, but that doesn't mean ICE has to accept everyone that the sheriff's deputies apprehend.
""ICE will only concur with those arrests if they further the agency's priority to identify and remove criminals and other aliens who pose a risk to public safety,"" Chandler said.
Arpaio is expected to have a 4 p.m. news conference to address the issue Friday.
http://www.azcentral.com/community/chandler/articles/2009/07/24/20090724sweep0724-ON.html
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