Lawsuit Takes Second Look At Arizona Immigration Law

Tuesday, January 26, 2010 at 02:14 PM

The American Civil Liberties Union (ACLU) has taken to a U.S. District Court in Arizona to challenge a 2006 state immigration law that they claim denies a fair hearing to undocumented immigrants.

In November 2006, Arizona voters approved a law that denies undocumented immigrants the right to post bail, the New America Media reports. Titled Proposition 100, the legislation authored by Republican state Representative Russell Pearce, aimed at keeping immigrants who had been charged with serious crimes in jail, New America Media reports.

In the wake of the lawsuit, some activists are claiming that the law not only treats immigrants unfairly, but gives unequal rights to women, especially those who are pregnant.

"I think Prop 100 puts migrant women at a disadvantage and treats them unfairly," said Bob McWhirter, a senior attorney with the Maricopa Legal Defender's office.

According to the news source, pregnant immigrants held in Arizona's Maricopa County Jail under Prop 100 are unable to leave jail even for childbirth.

In 2009, a total of 35 women gave birth while in custody, sometimes handcuffed to a hospital bed, and were unable to nurse or see their child immediately after the delivery.

CharlotteConservative.com reports that about 40 percent of all inmates in Arizona detention centers are Mexican nationals.

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