Tuesday, September 8, 2009, 2:50pm MST | Modified: Tuesday, September 8, 2009, 3:06pm
MCSO using outstanding traffic, license fines to arrest immigrants
Phoenix by Mike Sunnucks
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Maricopa County Sheriff Joe Arpaio may have a way to bypass possible changes in federal immigration law by arresting illegal immigrants on outstanding charges such as unpaid traffic tickets and fines for not having drivers licenses, according to immigration attorneys and Hispanic activists who monitor the agency’s activities.

The Maricopa County Sheriff’s Office Web site lists 30 individuals arrested over the past three days for not paying fines, another 24 had charges that included missing court dates. The information, however, did not specify whether the individuals were undocumented.

The failure to pay fine charge means the MCSO and other police agencies can arrest illegal immigrants without getting U.S. Immigration and Customs Enforcement approval at the time of the arrest. Immigration charges can be added after defendants are booked, said sources, some of whom asked not to be identified.

“If there is an outstanding warrant for failure to pay fines, then MCSO can pick up the person on the warrant itself, regardless of their immigration status and not have to get into that with the person or call ICE — because it will be addressed when the person gets booked in jail,â€