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Biden administration moves to protect Alaska wilderness; opening statements and first witness in NY trial; SCOTUS hears Starbucks case, with implications for unions on the line; rural North Carolina town gets pathway to home ownership.

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The Supreme Court weighs cities ability to manage a growing homelessness crisis, anti-Israeli protests spread to college campuses nationwide, and more states consider legislation to ban firearms at voting sites and ballot drop boxes.

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Wyoming needs more educators who can teach kids trade skills, a proposal to open 40-thousand acres of an Ohio forest to fracking has environmental advocates alarmed and rural communities lure bicyclists with state-of-the-art bike trail systems.

Arpaio Immigration Authority Still in Dispute

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Tuesday, October 27, 2009   

PHOENIX - Despite a decision by U.S. Homeland Security to not renew 287(G) authority for Maricopa County Sheriff Joe Arpaio's street-level immigration law enforcement, the sheriff's efforts have continued, and he insists he doesn't need permission from the feds to enforce the law. 287(G) is a section of the Immigration and Nationality Act which allows the federal government to give local law enforcement bodies some authority to enforce immigration law.

The director of the Border Action Network, Jennifer Allen, acknowledges that a 2002 Justice Department opinion and scattered court rulings might indeed give Arpaio inherent authority to enforce immigration law, but she says the sheriff's methods have another problem: They're unconstitutional.

"Constitutional rights apply to everyone in this country, regardless of their immigration status. An officer still needs to have probable cause to be able to stop people and question them. And there are still protections against unreasonable search and seizure, regardless of the immigration status."

Allen says Sheriff Arpaio's neighborhood sweeps also create the perception that his deputies are engaged in racial profiling.

"Targeting people that he thinks are going to be undocumented because of the neighborhood that they live in, because of the language that they speak; none of those are sufficient criteria to be threatening them with arrest and then putting them into deportation proceedings."

Allen says Sheriff Arpaio should be concentrating on serious criminals, instead of people with cracked windshields or broken tail lights.

"We need law enforcement agencies that have the resources and the focus to be able to fight crime and uphold public safety. Using immigration as a tool drives a wedge in our community."

She says Arpaio's tactics actually make it tougher to fight serious crime, by promoting fear and discouraging cooperation with law enforcement.


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