Francois Ntone

The Pardon of Sheriff Arpaio

Until his recent defeat in 2016 by Democrat Paul Penzone, 85-year-old Joe Arpaio had been sheriff of Maricopa County in Arizona for 24 years.  During his time in office, he had built a reputation as “the toughest sheriff in America” because of his relentless pursuit of undocumented immigrants.  While he may have been considered as a hero by some, his controversial tactics against the Latino population had led to serious charges against him in the court of law.    In July 2017, he was found guilty of disregarding a court order in a racial-profiling case, and his sentencing was scheduled for October 5.  But on August 25, while the country was preoccupied with the damages caused by hurricane Harvey, President Trump announced that he was pardoning Arpaio.

The pardon came with the following statement:

“Throughout his time as sheriff, Arpaio continued his life’s work of protecting the public from the scourges of crime and illegal immigration.  Sheriff Joe Arpaio is now 85 years old, and after more than 50 years of admirable service to our nation, he is (a) worthy candidate for a Presidential pardon.”

Three days before, during an address to a crowd of supporters in Phoenix, AZ, Trump said:

“Do the people in this room like Sheriff Joe? … So was Sheriff Joe convicted for doing his job? … I’ll make a prediction: I think he’s going to be just fine.”

But Joan Biskupic, CNN Legal Analyst and Supreme Court Biographer, writes:

“Yet it is plain that Arpaio was not convicted for doing his job. He was convicted for willfully disobeying the law after a court ordered him to stop singling out drivers based on ethnicity and detaining them without charges. Arpaio, who first took office in 1993, rose to national prominence for his crackdown on illegal immigration, earning the nickname ‘America’s toughest sheriff’ along the way.”

In 2007, as a result of a racial-profiling case filed against Arpaio, US District Court Judge G. Murray Snow ordered Arpaio to stop detaining people based on a mere belief that they were in the country illegally, rather than suspicion that they had committed a crime.  Biskupic reports that in 2013, as Arpaio refused to comply, Snow issued a permanent injunction that made clear that the sheriff lacked the authority to try to pursue immigration violations, and that Arpaio and his deputies would be violating the constitutional protections against unreasonable searches and seizures if they held people who were not suspected of committing state crimes.

Arpaio’s position is summarized in statements that he made to reporters, where he declared that he would “never give in to control by the federal government,” that he would not “back down” and “if they don’t like what I’m doing get the laws changed in Washington.”  In her July 31 order where she found Arpaio guilty of criminal contempt, US District Judge Susan Bolton wrote: “Not only did (Arpaio) abdicate responsibility, he announced to the world and to his subordinates that he was going to continue business as usual no matter who said otherwise.”

As reported by Deseret News, in defending himself, “Arpaio acknowledged extending the patrols, but insisted it wasn’t intentional, blaming one of his former attorneys for not properly explaining the importance of the court order and brushing off the conviction as a ‘petty crime.’”  At the same time, he also dismissed the charges against him as politically motivated and fabricated by the Obama administration to keep him from being reelected.

According to Deseret News, Arpaio’s critics accuse him of sowing “divisions by making hundreds of arrests in crackdowns that separated immigrant families and promoted a culture of cruelty by housing inmates in outdoor tents during triple-digit heat and forcing them to wear pink underwear.”  Timothy Egan writes in the New York Times:

“Arpaio was the sheriff who set up checkpoints and raids to nab people who looked or sounded Hispanic. Many were citizens. He kept prisoners in a tent city at hellish high temperatures, gave them pink underwear, and laughed at their discomfort.”

Similar reports can even be found in Fox News: “Arpaio’s widely publicized tactics included forcing inmates to wear pink underwear and housing them in desert tent camps.”

Trump’s association with Arpaio goes back to the beginning of Trump’s presidential campaign: Arpaio often appeared with him in campaign rallies, expressing his strong support, in particular, of Trump’s immigration views.  But this affinity, in fact, was already visible during Obama’s first term when Trump was promoting the Birther issue.  In those days, Arpaio sent people to Hawaii in order to find evidence that Obama was not a US citizen, a move that had nothing to do with his duties as sheriff of Maricopa County.  And even after Obama showed his birth certificate, Arpaio insisted it was a fraud.

In spite of all this, Arpaio remains a hero to many in America.  Given the strong support Trump has among white evangelicals, it is reasonable to assume that many of them would extend their support to Arpaio.  Rachel Alexander, a former prosecutor and Arpaio attorney wrote a defense of the pardon in a website called The Christian Post.  The website ChristianPatriots.org, which promotes rather extremist views, has also followed events related to Arpaio with great interest.

But it is interesting to see how news of the pardon was received by Latino Christians.  Latino Pastor Juan Martinez, in his article Latino Pastor: The Challenge for White Evangelicals, writes:

“Though the pardon is legal, it was strongly condemned by both Democrats and Republicans. They all stated that the pardon gave public officials the message that they do not have to obey the law or judicial injunctions. For the vast majority of Latinos, the other message we got through this action is that implicit racism against Latinos is acceptable, if it is considered necessary to control undocumented immigration.”

The Repeal of Deferred Action for Childhood Arrivals (DACA)

Again, while parts of the country were suffering from the ravages inflicted by Harvey, Trump announced his repeal of DACA, a program established by the Obama administration to help young people who were brought to America as children and were, for all practical purposes, brought up as Americans.  According to data published at www.pewresearch.org, the program has provided work permits and protection from deportation to 800,000 young unauthorized immigrants since its creation in 2012.  Benefits last for 2 years, and 690,000 were enrolled as of September 4.  This is because 40,000 of previous enrollees changed their status and obtained green cards, while 70,000 either did not renew their benefits or had their applications for renewal denied.

Candidates for DACA benefits go through a screening process.  In order to qualify, enrollees must meet some specified conditions such as being enrolled in high school or having a high school diploma or GED equivalent, and not being convicted of a felony, significant misdemeanor, or three or more other misdemeanors.

Recent data indicate that 53% of DACA recipients are women.  The average age of recipients is 24, with two-thirds below the age of 25.  Also, no recipients are older than 36 since they are required to have entered the United States before their 16^th birthday and to have been under the age of 31 as of June 15, 2012.

A recent survey has highlighted the benefits brought to the American economy by DACA recipients.  Citing previous research, the authors of the survey state that DACA beneficiaries are expected to contribute $460.3 billion to the U.S. gross domestic product over the next decade.  A statement they make based on their own findings indicates that DACA recipients are already making positive contributions today:

“The data illustrate that DACA recipients continue to make positive and significant contributions to the economy, including earning higher wages, which translates into higher tax revenue and economic growth that benefits all Americans. In addition, DACA recipients are buying cars, purchasing their first homes, and even creating new businesses. The survey’s results also show that at least 72 percent of the top 25 Fortune 500 companies employ DACA recipients. Moreover, 97 percent of respondents are currently employed or enrolled in school.”

They end their report with the following assessment:

“As our results show, the inclusion of these young people has contributed to more prosperous local, state and national economies; to safer and stronger communities through increased access to cars and home ownership; and to a more prepared and educated workforce for the future. Ending DACA now would be counterproductive at best and, at worst, cruel. At present, 800,000 lives—as well as the lives of their families and friends—hang in the balance. At a time when the continuing existence of DACA is facing its most serious threat ever, understanding the benefits of the program for recipients; their families and communities; and to the nation as a whole is all the more important.”

The repeal of DACA gave rise to anger and demonstrations across the nation as many, including Christians, wanted to express their support for the ones known as Dreamers.  Given that the overwhelming majority of Dreamers are Hispanic, it is easy to understand the outrage in the Latino communities.  As stated by Juan Martinez,

“The DACA program has allowed these young people to continue their university studies, to join the military, and to work legally. During the early part of his administration the president gave the impression that he might support a continuation of DACA, but his administration has now ended the program with a six month sunset clause. The vast majority of the young people that will be adversely affected are of Latino descent.”

Putting together the Arpaio pardon and Trump’s immigration policies, Martinez adds:

“In the midst of these decisions there is a continuing negative policy toward immigrant communities. One can see the contrast by comparing the crimes for which Joe Arpaio was pardoned while people like Pastor Noé Carías, an Assemblies of God pastor, is detained and under threat of deportation.”

Martinez considers himself as a Latino evangelical.  He is obviously disappointed as he observes the attitudes espoused by white evangelicals:

“This environment is particularly complicated for Latino evangelicals. Many white evangelical leaders have defended President Trump, and very few have been willing to question his actions, even when these are hurting immigrant evangelicals and many others. We are still waiting for strong and clear statements from some white evangelical leader denouncing the decision to end DACA, to free Pastor Carías and many others whose crimes are of lesser magnitude than those of Sheriff Arpaio.

How much time do we have to wait for evangelical leaders to speak on behalf of their Latino sisters and brothers? When will they use their prophetic voice to speak against the anti-Latino attitudes of the President?”

He then lists specific expectations he has for his white sisters and brothers:

• It is time to speak for those already born as strongly as we speak for the yet unborn. It is time to defend the rights of immigrant families as strongly as we speak for the defense of marriage.
• It is time to denounce the implicit racism of those who enforce immigration laws as a way to mistreat U.S. citizens because they “look” undocumented.
• It is time to speak like the prophets of old and recognize that a country will be judged by how it treats the foreigners in its midst.

It is obvious that Martinez, in this statement, is denouncing white evangelicals who, with their focus on abortion and same sex marriage, appear to be very exclusive in their attitudes, whereas well understood Christianity should lead to inclusiveness and love of all, including the ones the Bible calls the aliens.

What Does the Bible Say About Treatment of Aliens?

The biblical story of creation ends with God’s proclamation of a day of rest on the seventh day:

“By the seventh day God had finished the work he had been doing; so on the seventh day he rested from all his work.  And God blessed the seventh day and made it holy, because on it he rested from all the work of creating that he had done.”

Clearly the day of rest is for the benefit of mankind.  Since God only needed his word to accomplish his work of creation, one can hardly assume that he is tired and needs rest at the end of his labor.  Instead, we must conclude from the story that allowing a weekly day of rest to all humans is the godly thing to do.  Therefore, we find in the Ten Commandments the following statement:

“Observe the Sabbath day by keeping it holy, as the LORD your God has commanded you.  Six days you shall labor and do all your work, but the seventh day is a sabbath to the LORD your God. On it you shall not do any work, neither you, nor your son or daughter, nor your male or female servant, nor your ox, your donkey or any of your animals, nor any foreigner residing in your towns, so that your male and female servants may rest, as you do.  Remember that you were slaves in Egypt and that the LORD your God brought you out of there with a mighty hand and an outstretched arm. Therefore the LORD your God has commanded you to observe the Sabbath day.“ (Deuteronomy 5:12-15)

The command applies to foreigners as well as Israelites (many translations use the word alien instead of foreigner).  Attention is brought to the fact that the Israelites were foreigners and slaves in Egypt, where they were denied God’s justice in the form of the day of rest all humans should be entitled to.  The notion that aliens are entitled to justice is also expressed rather explicitly in Exodus 23:9, which says:

“Do not oppress a foreigner; you yourselves know how it feels to be foreigners, because you were foreigners in Egypt.”

God’s justice clearly manifests itself in the fact that he shows no favoritism in the way he distributes his blessings.  This fact is expressed in Deuteronomy 10:

“For the LORD your God is God of gods and Lord of lords, the great God, mighty and awesome, who shows no partiality and accepts no bribes.  He defends the cause of the fatherless and the widow, and loves the foreigner residing among you, giving them food and clothing.  And you are to love those who are foreigners, for you yourselves were foreigners in Egypt.” (Deuteronomy 10:17-19)

There is no question that God’s justice, in the Bible, includes the notion that foreigners and those at a disadvantage must be cared for.  The Israelites, of all nations, were expected to have a deep understanding of that notion given their experience in Egypt:

“Do not deprive the foreigner or the fatherless of justice, or take the cloak of the widow as a pledge.  Remember that you were slaves in Egypt and the LORD your God redeemed you from there. That is why I command you to do this.  When you are harvesting in your field and you overlook a sheaf, do not go back to get it. Leave it for the foreigner, the fatherless and the widow, so that the LORD your God may bless you in all the work of your hands.  When you beat the olives from your trees, do not go over the branches a second time. Leave what remains for the foreigner, the fatherless and the widow.  When you harvest the grapes in your vineyard, do not go over the vines again. Leave what remains for the foreigner, the fatherless and the widow.  Remember that you were slaves in Egypt. That is why I command you to do this.” (Deuteronomy 24:17-22)

The above passage has particular relevance today, considering that many undocumented immigrants in the United States are trying to make a living, often accepting jobs legal residents are not willing to consider.

I could provide many more biblical references to show that God has made it clear he expects his people to treat foreigners with kindness.  But for brevity I will, at this point, only add one Old Testament passage which says:

“When a foreigner resides among you in your land, do not mistreat them.  The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.” (Leviticus 19:33-34)

Now obviously foreigners who lived in Ancient Israel did not have to go through a legal immigration process.  They happened to be there for one reason or another, and the biblical message is that the Israelites were to treat them as fellow human beings created in God’s image.  Jesus makes such things plain when he declares that the second greatest commandment is “Love your neighbor as yourself.” (Matthew 22:39, Mark 12:31, Luke 10:27-28).  When he is asked to define the word neighbor, he tells the parable of the Good Samaritan (Luke 10:10-37).  In this parable, a Samaritan, a man despised by Jewish orthodoxy, is praised for showing kindness to a perfect stranger he finds near death on the side of the road.  A priest and a Levite saw the man first, but failed to provide any help, either because they did not care, or because they were bound by ceremonial regulations (they could not defile themselves).

Clearly the Samaritan is the one who showed that he cares about his neighbor as himself.  The story illustrates the fact that Jesus’ kingdom of God has nothing to do with national boundaries, ethnicity, or immigration rules.  In fact, it suggests that those who see themselves as guardians of orthodoxy often find themselves on the wrong side.

Lately parts of America have been hit by great disasters at an alarming frequency: Harvey, Irma, Jose, Maria.  As I am preparing to publish this post, Las Vegas has been hit by a horrible mass shooting.  In the middle of these terrifying events, stories are being told of people who go out of their way, often endangering themselves, in order to selflessly help their fellow human beings.  In other words, there are a lot of good Samaritans out there, and many are probably not even Christians.  To me, this means there is something within humans that makes them capable of getting started on the narrow path Jesus set before mankind (Matthew 7:13-14).  True believers in Christ would display this kind of selflessness in most of their interactions with fellow human beings, without having to be motivated by the common challenges brought by calamities such as hurricanes and mass shootings.  I am not saying that is easy, but don’t Christians claim that they have the Holy Spirit to lead and guide them?