Joe Arpaio

Joseph Michael Arpaio
Born:	June 14, 1932 Springfield, Massachusetts
Charges:	Criminal contempt of court
Sentence:	Pardoned before sentencing
Facility:
Status:	Pardoned

Joseph Michael Arpaio (born June 14, 1932) is a former American law enforcement officer who served as the Sheriff of Maricopa County, Arizona, for 24 years from 1993 to 2017. Known as "America's Toughest Sheriff," Arpaio gained national attention for his harsh treatment of prisoners and aggressive immigration enforcement tactics that courts found constituted racial profiling. On July 31, 2017, Arpaio was convicted of criminal contempt of court for defying a federal judge's order to stop detaining people based solely on suspicion of being in the country illegally. President Donald Trump pardoned Arpaio on August 25, 2017—just 25 days after his conviction—marking Trump's first use of the presidential pardon power.

Summary

Joe Arpaio built a national reputation over his 24 years as Maricopa County Sheriff through controversial policies that critics called cruel and unconstitutional but that supporters praised as tough on crime and illegal immigration. His practices included housing inmates in outdoor "Tent City" facilities in Arizona's extreme heat, forcing prisoners to wear pink underwear, and conducting aggressive immigration enforcement operations.

Arpaio's immigration practices led to a federal lawsuit, Melendres v. Arpaio, in which courts found that his office systematically engaged in racial profiling of Latinos. In 2011, a federal judge ordered Arpaio to stop detaining people solely based on suspicion of being in the country illegally. Arpaio defied the order for 18 months, continuing the practices the court had found unconstitutional.

This defiance led to criminal contempt charges. Arpaio was convicted in July 2017, but President Trump pardoned him less than a month later—before he could even be sentenced. The pardon was Trump's first and sparked significant controversy about the proper use of presidential clemency power.

Background

Early Life

Joseph Michael Arpaio was born on June 14, 1932, in Springfield, Massachusetts, to Italian immigrant parents. His mother died shortly after his birth.

Military Service

Arpaio served in the United States Army from 1950 to 1953, including service during the Korean War.

Law Enforcement Career

Before becoming sheriff, Arpaio worked as a police officer in Washington, D.C., and Las Vegas. He then spent 25 years with the Drug Enforcement Administration (DEA), including posts in Turkey, Mexico, and Arizona, before retiring in 1982.

Sheriff of Maricopa County

Election

In 1992, Arpaio was elected Sheriff of Maricopa County, which includes Phoenix and is one of the largest sheriff's departments in the country. He would be reelected five more times, serving from 1993 to 2017.

"America's Toughest Sheriff"

Arpaio cultivated the image of "America's Toughest Sheriff" through policies that generated national media attention:

• Tent City: He created an outdoor jail facility where inmates lived in surplus military tents in Arizona's desert heat, where temperatures regularly exceeded 100°F
• Pink Underwear: He required inmates to wear pink underwear, claiming it reduced theft
• Chain Gangs: He reinstated chain gangs, including the first female chain gang
• Meals: He served inmates minimal-cost meals, boasting about reducing food costs to as little as 15 cents per meal

Immigration Enforcement

Arpaio became a national figure in the immigration debate through aggressive enforcement operations targeting undocumented immigrants. His department conducted workplace raids and neighborhood sweeps that critics charged disproportionately targeted Latinos.

2016 Election Loss

In November 2016, Arpaio lost his bid for a seventh term to Democrat Paul Penzone amid controversy over his legal problems and concerns about his aggressive tactics.

Racial Profiling Lawsuit

Melendres v. Arpaio

In 2007, Latino motorists filed a class action lawsuit alleging that Arpaio's office engaged in racial profiling during traffic stops. The case, Melendres v. Arpaio, resulted in findings that the sheriff's office systematically targeted Latinos for stops based on their ethnicity rather than evidence of criminal activity.

Court Order

In 2011, U.S. District Judge G. Murray Snow issued a preliminary injunction ordering Arpaio's office to stop detaining people solely because they were suspected of being in the country illegally. The order prohibited deputies from using race as a factor in enforcement decisions.

Defiance

Despite the court order, Arpaio's office continued the prohibited practices for approximately 18 months. Judge Snow found Arpaio in civil contempt in 2016, and the U.S. Attorney's Office subsequently filed criminal contempt charges.

Criminal Contempt Conviction

Charges

Arpaio was charged with criminal contempt of court, a misdemeanor offense, for willfully violating Judge Snow's 2011 order.

Trial

Arpaio's defense team requested a jury trial, but because criminal contempt is a misdemeanor carrying less than six months' potential incarceration, he was not entitled to a jury. The case was heard by U.S. District Judge Susan Bolton.

Conviction

On July 31, 2017, Judge Bolton found Arpaio guilty of criminal contempt. She ruled that he had "willfully violated" the court order by failing to stop the detention practices.

Sentencing

Arpaio was scheduled to be sentenced in October 2017. Criminal contempt of court carries a maximum sentence of six months in jail. However, Trump's pardon came before sentencing could occur.

Presidential Pardon

The Pardon

On August 25, 2017—just 25 days after his conviction—President Trump pardoned Joe Arpaio. It was Trump's first use of the presidential pardon power.

Trump announced the pardon on Twitter and in a statement, calling Arpaio "a great American patriot" who had "kept Arizona safe."

White House Statement

The White House statement said: "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 eighty-five years old, and after more than fifty years of admirable service to our Nation, he is a worthy candidate for a Presidential pardon."

Controversy

The pardon was highly controversial:

Critics argued:

• The pardon undermined the rule of law by excusing defiance of a federal court
• It sent a message that violating the constitutional rights of minorities would be rewarded
• The pardon bypassed the normal Justice Department review process

Supporters argued:

• Arpaio was a dedicated law enforcement officer who enforced immigration laws
• The contempt charge was politically motivated
• Arpaio's age and service warranted mercy

Political Reactions

Senator John McCain of Arizona stated the pardon "undermined the president's claim for the respect of rule of law." Senator Jeff Flake of Arizona said he "would have preferred that the President honor the judicial process."

Legal experts and scholars on authoritarianism described the pardon as troubling and potentially damaging to constitutional norms.

Attempt to Vacate Conviction

After receiving the pardon, Arpaio asked the court to vacate his conviction entirely—not just eliminate the punishment but erase the conviction from the record. Judge Bolton and later the Ninth Circuit Court of Appeals denied this request, ruling that while a pardon eliminates punishment, it does not "revise the historical facts" or erase the conviction itself.

Later Political Career

Arpaio remained politically active after his pardon. He ran unsuccessfully for the U.S. Senate in 2018 and for Maricopa County Sheriff again in 2020, losing both races.

Frequently Asked Questions

Q: What did Joe Arpaio do?

Arpaio was convicted of criminal contempt of court for refusing to comply with a 2011 federal court order to stop detaining people solely based on suspicion of being undocumented. The order came from a racial profiling lawsuit in which courts found his office systematically targeted Latinos. He continued the prohibited practices for 18 months after the order.

Q: Was Joe Arpaio pardoned?

Yes, President Trump pardoned Arpaio on August 25, 2017, just 25 days after his conviction. It was Trump's first presidential pardon. The pardon came before sentencing, so Arpaio never faced punishment. Trump called him "a great American patriot."

Q: What was Joe Arpaio's sentence?

Arpaio was never sentenced because Trump pardoned him before sentencing could occur. He was convicted of criminal contempt, a misdemeanor carrying up to six months in jail. Trump's pardon on August 25, 2017, came 25 days after the July 31 conviction.

Q: Who was Joe Arpaio?

Arpaio served as Sheriff of Maricopa County, Arizona, for 24 years (1993-2017). Self-styled "America's Toughest Sheriff," he was known for harsh prisoner treatment, including "Tent City" jails and pink underwear. He was a prominent Trump supporter and advocate for aggressive immigration enforcement.

Q: Did the pardon erase Arpaio's conviction?

No. The federal judge ruled the pardon eliminated punishment but did not "revise the historical facts" or erase the conviction. Arpaio's later attempt to have the conviction vacated was denied by both the district court and the Ninth Circuit Court of Appeals.

See also

• Presidential Clemency and Pardons