Deputy A Phelps Pinal County Sheriffs Office Refuses to enforce the law Florence, Arizona

I keep trying to tell you that local government have their hands tied by the Feds. Border Patrol and INS take their orders from DC. Why don't you put as much effort into calling and writing Obama and asking him WTF??? He is the one applying pressure for the laws not to be enforced.

Still no change. Illegal's to still have jobs and free homes.

After I submitted my previous response I looked at some Google results for the Dept of Justice.

You may or may not have seen the info in the Arizona Republic but this shows you what kind of support Pinal County should expect from the DOJ when they try to enforce laws that are meant to be enforced at the federal level.

http://www.azcentral.com/news/articles/2011/03/27/20110327us-attorney-office-gets-maricopa-county-cases.html

Mark everyone can understand why AZ has put through these state bills to protect people in the state. These laws were passed in an effort to pick up the slack of the Federal Govt and their inability to enforce the laws that already on the books at the federal level.

Instead of putting this pressure on a Deputy in Pinal County why not put the pressure where it should be applied. The INS officers are stuck between a rock and a hard place. On one hand they try to enforce the laws already on the books while their superiors do not back them because immigration (especially when it comes to Mexicans) is a political hot potato and no one in Washington wants to take the initiative because they will be branded as being racist.

Why not put all this effort into writing to the President,  Dept of Homeland Security, and the Dept of Justice?? According to the Dept of Justice there are no problems with illegal aliens. I think the residents of AZ, NM, TX, and CA know otherwise but still keep the same people in office that still cater to the Hispanic vote to stay in office so they do nothing about it.

Mark,

First of all, you need to figure out the difference here between "Steve", and "Steven".
We are different people.

Second, I do know AZ law very well. And I lived in Phoenix, which is Maricopa County, I lived in Tuscon as well.

I had business dealings with Sheriff Joe in Maricopa.
He is right on top of things there, and we need more like him all over our country.

Screw the illegals.
They have no "rights" here in the United States. They are criminals.
Criminals have no civil rights in my book.

Bottom line here is, you made some verbal allegations to law enforcement, but didn't have the balls to step up when asked.

Grow a pair, or leave it alone.

I don't live in AZ but I watch the news Mark. Maybe you should do the same. Portions of this bill have been blocked as well as courts ruling it unconstitutional.

Doesn't really matter if Maricopa county is enforcing it or not. Pinal probably isn't because they want to wait for the legal challenges to be completed.

The only way SB 1070 can be enforced is if the police have everyone they pull over provide proof of citizenship in order to be applied successfully. So unless you have your passport or birth certificate in the car with you at all times you cannot prove you are a citizen of the U.S.A.

Just because Maricopa officials don't mind a possible flood of cases involving violation of civil rights doesnt mean Pinal wants to.

You forget Mark you are dealing with courts that awarded a lawsuit by some illegal immigrants against a rancher/farmer because he had a rifle on them (on his own property) until he saw that they were not armed and then lowered his weapon.

You should really play it safe and do what I asked you to do before. Your harassing this deputy is just going to end badly for you. Who knows maybe he will be able to get to a point where he can prove that this constant posting is hindering the investigation. The person you identified as saying he got the ID illegally could see you some where and let someone other than law enforcement know who you are. Maybe after seeing all the press you have given this on Ripoff Reports they could decide to go into hiding or change who they are working with. then the Sheriff or INS will have to start from scratch thanks to you.

I am just being silly of course but who knows to what extreme people take things like this.

Mark by now the deputy has better things to do. Thanks to you he is probably just doing a select all and delete on his email on anything about this.

The S.B you are referencing is not enforceable because the federal govt (INS) is only entity that can enforce the immigration laws. In the example you stated a Hispanic male was pulled over during a traffic stop. All the officer can ask for is DL, registration, and proof of insurance. He CANNOT ask for a green card or passport or anything along those lines. Simple as that.

Now if Ernesto was fleeing the scene of a crime (shoplifting, robbery, rape, something of that nature) then he could be arrested and detained and asked about his immigration status while his identity was being established. If he was an alien (either legal or illegal) then he would serve what ever time he was sentenced to and then bound over to the INS for a hearing to determine if he was here legally or illegally and whether or not he was to be deported.

I have a suggestion that would work out better for you if you want action, Call the INS directly. Provide your friends name, phone number, and address to them. They will probably want yours as well which you should have no problem giving.

Stop making the deputy the bad guy because he is not. He has no jurisdiction in this matter and cannot do anything other than pass the info on to the INS.  The deputy is more than likely just as frustrated than you are if not more so since he has you trying to cause him grief.

The thing is that they cannot work independently as an ICE agent. They can do so only under the direct (or close supervision of ICE). To over simplify it you can compare it to having a learners license. You can drive a car but only if there is a licensed driver with you. In an instance that you are referencing local LE is primary a warm body (a sworn warm body though) that be used in a particular operation.

So if the deputy is also ICE he cannot take independent action or interfere with what is in this case supposedly an ongoing investigation.

Thanks for the correction.

"Task forces are formed all the time by the feds that are made up up local law enforcement. Better get some education before you spout jibberish." I assume that 2nd up should be the word of.

They are still only local or federal law enforcement buddy. They are not holding two badges. They are merely working together. Get YOUR facts straight. This joint effort allows for a FED to step in where local jurisdiction stops (as well as local LE to do what the FED's can't. You should really read up more on your joint law enforcement.

I spent 10 years in the CG buddy. I used to support and participate in joint LE efforts on a routine basis. The local law enforcement was there to support the state/local laws and the CG the federal (in coop with Customs or FBI LE teams).

 "And, at least one state has changed it's constitution to allow state and local law enforcement to enforce immigration. I believe it was MO."
 
Last I heard Steve all these amendments were being challenged by the Obama administration.

Just as an additional FYI (not that you necessarily care). A local news station here in Jax was running with a local story about illegal immigrants working at a construction site. When they called the JSO to see about having them arrested they were basically told that they could not make arrests unless they were violating a crime (such as theft). They cannot just walk up and start asking for green cards or other ID.

Mark -- I understand your frustration and maybe your reluctance to be named as a witness but the deputy needs to have a certain amount of proof to take to a judge to get a warrant he can't just say I got an anonymous email from someone that won't meet with me face to face.

Really?? A Pinal County Deputy cannot be a federal agent as well?? Time for some education here. Local law enforcement is routinely sworn in to work in the capacity of a federal law enforcement agent. It happens all the time. No law against holding 2 badges. None.

Task forces are formed all the time by the feds that are made up up local law enforcement. Better get some education before you spout jibberish.

Check out Joe Arpaio in Maricopa County. He has arranged a deal like stated above, and he does immigration enforcement all day long.

And, at least one state has changed it's constitution to allow state and local law enforcement to enforce immigration. I believe it was MO.

Well explain this: See Below:

My name is Deputy A. Phelps #1335 I am a certified 287G ICE agent with Pinal County Sheriff's Office.  I am contacting you this morning in reference to your e-mails.  I would like to set up a meeting between you and myself today to discuss the information you have concerning illegal activity occurring in our community. 
 
Can you provide me with your accurate address and telephone number so I can contact you and set up an appointment with you, today around 3pm.  Thank you for your time in consideration into this matter.

Apparently you don't know the laws much. This just goes to show Pinal County don't care about illegal's. And if you was a person who had no job and tried to get a job at this business and they turned you down so they could hire an illegal for lower pay  you'd not be happy. Or if it was your ID they had you would feel differnt. My friend offered to help them out and has taped proof. The Deputy just don't care!

When it comes to Immigration only the FEDERAL government can deport illegals.

Why don't you swear out an official complaint in person as requested? A competent law enforcement officer WILL NOT pursue anything until they see who they are getting their information from or at the very least a REAL contact phone number as well as an address of someone reporting a crime so that they can know who to contact. Your information can remain confidential (just like when people call in to collect a reward for a wanted criminal).

If you don't care enough about your information to be willing to testify about it in court then there is no reason why they should take the information (since they will need proof to go before a judge to get a warrant).

A county deputy cannot be an ICE agent as well. Two completely different law enforcement entities altogether. ICE is FEDERAL not state or county.

Well my friend who must trust law enforcement more than I spoke to the Deputy on the phone and has proof of said crimes. My friend e-mailed the Deputy several times and offered the Deputy to stop by and personally speak with him. Well the Deputy never responded to his e-mail and never dropped by. As for Maricopa County Sheriff's Office if they do not take action bases off the tip line they have than why do they have the tip line?? I honestly think the Sheriff or the Deputy has some type of personal ties with family of the business. A Deputy from Pinal County had Ernesto pulled over for and requested his drivers license as the Deputy saw him driving. Ernesto handed the Deputy a Mexico Drivers License and not one form of US ID. The Deputy let him go. And wouldn't you know Ernesto drives around all day on Public roads still. You say I'm a crack pot however if one of these illegal's was using your ID or social that they somehow got hold of I bet  your opinion would be differnt. And speaking of Sheriff Joe at least he don't put up with these Illegal's in Maricopa County. Most of them avoid that County out of fear of his office. But yeah the Deputy was told my friend had proof of the crimes being commited and still does nothing. He was also informed of an ex emploee of the business who worked there at the time Ernesto was deported. Border Patrol also had a pursuit with an emploee from that company and they got him. Proof the company hires illegal's.

Mark,

I think Larry - Phoenix has some valid points, and I would suggest that you step up to the plate here and do your part. After all, you allege a crime. So, why wouldn't you give your name to the deputy and/or meet as requested?

Are you a current employee of this company and scared of losing your job?

Or, are you an ex-employee who is disgruntled and looking for retribution against the company that fired you?

I just can't see the reason for not identifying yourself to the deputy.
If you swear out an official complaint, that would most likely provide the probable cause needed for a search warrant.

You can also report the company to the IRS and the SS Administration, and the state labor board.

However, at this point, you are just wasting the deputy's time. He has a job to do and doesn't have time to be wasted by someone who won't come forward.

The Sheriff cannot waltz into a business and demand to see their personnel records.  The Sheriff needs a search warrant issued by a court.  To get the search warrant, he needs to show the court that there is probable cause to believe that a crime is being committed.

Your anonymous e-mails to the Sheriff are not sufficient to create probable cause.  While you could be a person with knowledge of the alleged crimes, you could also be just a crackpot with groundless suspicions.  The fact that you are not willing to step forward for your community puts you into the crackpot category.

As to your claim that the Maricopa County Sheriff conducts raids based entirely on anonymous telephone calls, I'd like to see your proof of that.