The Dupnik Rebellion: “Hell No!” to enforcing SB 1070

Posted by AzBlueMeanie:

Pima County's Sheriff-for-Life Clarence Dupnik says "Hell no!" to enforcing the unconstitutional and discriminatory "papers please" anti-immigrant law (SB 1070). OK, he did not do his impression of House Minority Leader John Boehner, but you know he was thinking it. The Dupnik rebellion: Pima's top cop says "no" to SB 1070:

TUCSON (KGUN9-TV) – Pima County's top lawman says he has no intention of enforcing Arizona's controversial crackdown on illegal immigration.  Sheriff Clarence Dupnik calls SB 1070 "racist," "disgusting," and "unnecessary."

Speaking Tuesday morning with KGUN9's Steve Nunez, Dupnik made it clear that while he will not comply with the provisions of the new law, nor will he let illegal immigrants go free.  "We're going to keep doing what we've been doing all along," Dupnik said.  "We're going to stop and detain these people for the Border Patrol."

The sheriff acknowledged that this course of action could get him hauled into court.  SB 1070 allows citizens to sue any law enforcement official who doesn't comply with the law.  But Dupnik told Nunez that SB 1070 would force his deputies to adopt racial profiling as an enforcement tactic, which Dupnik says could also get him sued. "So we're kind of in a damned if we do, damned if we don't situation. It's just a stupid law."

Dupnik had harsh words for anyone who thinks SB 1070 will not lead to racial profiling. "If I tell my people to go out and look for A, B, and C, they're going to do it. They'll find some flimsy excuse like a tail light that's not working  as a basis for a stop, which is a bunch of baloney."

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[I]t will be up to county attorneys to prosecute complaints.   That raises an obvious question:  will Pima County Attorney Barbara LaWall also refuse to comply with the law?  If she joins Dupnik's rebellion, then SB 1070 would be effectively DOA in Pima County. 

In answer to that question Tuesday afternoon, LaWall told KGUN9 News that it's too early to tell.  LaWall said her position will depend on standards yet to be developed to determine what constitutes "reasonable suspicion" in asking someone for their papers.

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Late Tuesday afternoon, Paul Senseman, spokesman for Governor Jan Brewer, sent KGUN9 this statement in response to a query about Dupnik's stance:  "Since the new Arizona law simply regulates immigration the same way that federal law and federal authorities currently regulate, it seems misguided to be angry or react negatively about this bill.  Racial profiling is specifically written in the state law to be illegal.  No additional documents are needed for anyone in Arizona, other than what federal law currently requires."

UPDATE: Pima County Sheriff Clarence Dupnik was the lead story on Countdown with Keith Olbermann on Wednesday evening.

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