Sheriff Joe Arpaio loses yet another round in court battle over Obama’s executive order

On the more-crime-in-Maricopa County theory Pillard wrote:

Sheriff Arpaio’s second standing theory is no less tenuous. Sheriff Arpaio recognizes that only non-dangerous immigrants are eligible for deferred action, but he nonetheless contends that those deferrals will mean that crime by undocumented aliens will be higher than it would be without them. This second theory rests on the mistaken premise that the challenged policies decrease the number of removals below what would have been accomplished had the policies not been adopted. Accurately read, however, the policies seek not to decrease the total number of removals but to prioritize removal of individuals who pose a threat to public safety over removal of those who do not. The policy is designed to make the Department of Homeland Security’s expenditure of resources more efficient and effective. Even if it were plausibly alleged (and it is not) that the challenged policies would mean more undocumented aliens remain in the county, the reduced-removals theory also depends on unsupported speculation that these policies, expressly confined to individuals who do not pose threats to public safety, will increase the number of crimes in Maricopa County above what could reasonably be anticipated in the absence of any such policies.

Administration officials welcomed the ruling.

“The court correctly recognized that the constitution does not permit federal courts to hear lawsuits that rest on baseless speculation,” said White House spokesman Eric Schultz. “We will continue to work toward resolving the legal challenges so that the administration can move forward with implementing all of the president’s commonsense immigration policies.”

Friday’s ruling will not be of much help in advancing Obama’s deferred deportation program. In a separate case, a Texas judge has ruled that the deferred-action program is unconstitutional. It remains on hold while the administration appeals to the conservative 5th Circuit Court of Appeals in New Orleans (see “Federal judge in Texas temporarily blocks Obama’s executive order,” HSNW, 18 February 2015).

The is the third year of Arpaio’s lgal battle with the Obama administration over immigration. In 2012 the Justice Department alleged that his deputies illegally target Latino drivers, conducted workplace raids which targeted Latinos, and punished jail inmates for speaking Spanish. The New Times notes that Arpaio has consistently lost in court, and last month Maricopa County settled many of the discrimination claims brought against it.

Last Thursday, the Justice Department on joined a private suit against Arpaio on some of the same issues.