Joe Arpaio: From Sheriff to Potential Felon

With the (USDOJ) United States Department of Justice coming down hard for racial profiling against folks of Hispanic descent, the latest arrest from tips snagged 31 suspected illegal immigrants at 21st Century Healthcare  in Tempe.  Working on a tip, Deputies from the Maricopa County Sheriff’s Department investigated and arrested 31 undocumented workers and now the state may put sanctions on 21st Century Healthcare possibly for knowingly hiring  “illegals” thus violating both SB1070 and 18 USC § 4.

In SB1070, the law reads


immigration; law enforcement; safe neighborhoods

Investigations of Employers


26.  Allows the county attorney, in investigations of employers who are alleged to have knowingly or intentionally hired unauthorized aliens, to take evidence, administer oaths or affirmations, issue subpoenas requiring attendance and testimony of witnesses and cause depositions to be taken.

27.  Exempts proceedings held during the course of a confidential investigation from open meeting laws.

28.  Stipulates that an employer is not entrapped in an investigation if the employer was predisposed to knowingly or intentionally employ an unauthorized alien and law enforcement officers or their agents merely provided the employer with an opportunity to do so.

29.  States that it is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identities.

30.  Directs employers to keep verification records of their employees’ work eligibility through E-Verify.

31.  Establishes a class 3 felony for failing to:

a)      verify employment eligibility through E-Verify or
b)      keep records of verifications.


According to the local news, there will be sanctions placed on the corporations and no employees were arrested for committing a felony. And according to Joe Arpaio on the Thom Hartmann Show, “Joe Arpaio: Yeah. Well we have too as a civil offense, a very weak law, but we keep looking at hooking them too, see if they knowingly and hire these people.” Yet after the signing of SB1070 to law, not one CEO or president has been arrested for that class three felony. And by not arresting the CEOs and presidents of the corporation, Arpaio is committing a felony:

18 USC § 4 – Misprision of felony

Therefore, by violating his own laws the governor signed, he is eligible for prison, as well as his deputies. “Misprision of felony” was codified in 1909 under 18 U.S.C. § 4   :

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

This offense, however, requires active concealment of a known felony rather than merely failing to report it. Today, in order to be guilty of the federal crime of “misprision of felony,” in addition to knowing about a felony and failing to disclose information about it, one must take an affirmative step to conceal the felony. According to Richelsoph Law Office, PC:

Sentencing Range for Non-Dangerous Class 3 Felony Offenses (Years)*
Priors Probation Eligible Mitigated Minimum Presumptive Maximum Aggravated
None Yes 2 2.5 3.5 7 8.75
One No 3.3 4.5 6.5 13 16.25
Two No 7.5 10 11.25 20 25


Still one wonders how many times has a corporation hired, got raided, paid a fine and hired even more undocumented workers and have not been arrested? As progressive talk show host Thom Hartmann had mentioned, when a giant like Wal-Mart gets raided and pay a multimillion dollar fine, it’s the cost of doing business and ultimately, we the people pick up the tax deduction Wal-Mart has signed off.

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