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AZ Prop 100 Upheld: No Bail for Illegal Immigrants accused of serious crime

Today David Michael Cantor, a Phoenix DUI Lawyer, discusses the recent ruling on Arizona Prop 100 from 2006. This ballot driven initiative was approved by 78% of Arizona voters. In 2008 the ACLU sued saying that this law was unconstitutional. U.S. District Judge Susan Bolton issued the ruling and denied a lawsuit against Sheriff Joe Arapaio and others.

The law denies bail to illegal immigrants if they have commited a class 4 or higher felony. David argues that this law is fine and should be upheld and discusses how a capital murder or child molestation defendant will be held without bail.

Here is more from the Arizona Republic:

A federal judge this week upheld a voter-approved Arizona law that denies bail for inmates suspected of being in the country illegally.

U.S. District Judge Susan Bolton issued a ruling Tuesday denying a lawsuit brought by a group of defendants who claimed the law violated suspects’ rights to due process and denied them constitutional protections that provide counsel and prevent excessive bail.

The American Civil Liberties Union’s Immigrant Rights Project brought the legal action and plans to appeal Bolton’s ruling.

Proposition 100, also called the Bailable Offenses Act, passed in 2006 with almost 78 percent of the vote. The law restricts judges from granting bail to any undocumented immigrant facing a Class 4 or higher felony.

Maricopa County Sheriff Joe Arpaio was among the defendants named in the claim filed in 2008 and said he was confident the law’s constitutionality would be upheld.

Bolton did not rule on a claim that the law violates constitutional protections against self-incrimination and set a trial date for mid-June.

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