Judge agrees to hear anti-Prop. 100 suit
by Parker Leavitt - Dec. 10, 2008 10:15 PM
The Arizona Republic

A U.S. District judge decided Monday to hear a lawsuit seeking to strike down an Arizona law that denies bail to undocumented immigrants charged with a serious felony.

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.

In April, a coalition of civil rights organizations, including the American Civil Liberties Union, filed a lawsuit challenging the law.

"Every person is entitled to an individualized bail hearing," Arizona ACLU director Alessandra Soler Meetze said. "We trust the judges to make the right decisions based on the merits of the case."

But State Rep. Russell Pearce said the ballot measure was needed, in part, because "judges can't be trusted in some cases."

"Why would you let someone be released who is in the country illegally after committing a serious crime?" Pearce said.

Meetze agreed that judges should consider immigration status when determining bail, but she said a law that automatically denies bail is excessive and unnecessary.

Ultimately, Monday's decision to hear the case means the issue will be decided in court, not at the polls or within the State Legislature.

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