Criteria for Determining Illegal Status?

PHOENIX - A comment made by Sheriff Joe Arpaio at a press conference this weekend is raising some eyebrows. Meanwhile, he's in the center of a Department of Justice investigation into accusations of racial profiling.

The sheriff was talking about how his deputies determine if someone is an illegal immigrant, and critics say, what he said proves his officers are racially profiling.

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Arpaio has always maintained his deputies never profile people during his crime sweeps. But then he said this: "There are certain criteria. No identification, looking like they just came from Mexico, and they admit it. So that's enough."

Critics of his immigration sweeps see that as an admission from the sheriff.

"I'm shocked that after denying that he's been involved in profiling for all this time, the sheriff came out and confirmed what so many people believe and that is his deputies are profiling based on ethnicity," says Bill Straus, of the Anti-Defamation League. Straus says anyone who looks Hispanic should be concerned.

"Imagine if you fit the description of the people Joe is talking about, how chilling would those words be to you?" says Straus.

"I can't think of a clearer statement of racial profiling than that," says Steven Gonzales, a constitutional law professor at Phoenix School of Law. "That helps build a case, there is no doubt about it. As a lawyer you love going before a jury and having a statement like, 'We look for people who come from another country or they look like they come from another country.'"

Arpaio's office is firing back, saying the sheriff's comments were taken out of context.

MSCO Deputy Chief Paul Chagolla says appearance is just one of many factors that deputies use to identify potential illegal immigrants.

"It just doesn't happen with individuals from Mexico. We have arrested individuals from China, from Jamaica," says Chagolla.

When asked if he was concerned about deputies detaining someone who looks like they're from Mexico but isn't, Chagolla answered, "Absolutely not… it hasn't happened."

Chagolla says his deputies have been trained by the federal government and know it's wrong to profile. He says his officers are simply asking questions of anyone who might fit the profile of committing a crime. 

There is also controversy surrounding the Department of Justice's investigation. During the crime sweep this weekend, the sheriff accused DOJ employees of posing as reporters to get access to a news conference.

The Feds say those employees never claimed to be with the media and left when they were asked to.

Department of Justice Statement

The Civil Rights Division has an open and ongoing investigation of the Maricopa County Sheriff's Office into alleged patterns or practices of discriminatory police practices and unconstitutional searches and seizures, and on allegations of national origin discrimination. As part of that investigation, we had observers on the ground in Arizona last week.

Department observers did attend an MCSO press conference on Saturday, Oct. 17, 2009. They identified themselves as Justice Department personnel when asked by a Sheriff's Deputy. They left promptly when told the event was closed to the public.