ANOTHER LAWSUIT WON BY ARPAIO AND THE COUNTY ATTORNEY’S OFFICE; ILLEGAL IMMIGRATION ACTIVISTS LOSE PROP 100 COURT BATTLE IN LOPEZ-VALENZUELA CASE
Published 04/04/2011 - 6:22 a.m. CST PHOENIX, AZ - After several months under consideration, Federal Judge Susan Bolton this week ruled in favor of Maricopa County Sheriff Joe Arpaio and the County Attorney’s Office in a hotly contested matter about whether illegal immigrants, who were arrested on felony charges, should be able to post bond and get out of jail.

In 2006, Arizona voters approved Proposition 100 which precluded bail to arrestees who entered or remained in the state illegally and who were charged with serious felony offenses.

When Sheriff Joseph Arpaio, in conjunction with the Maricopa County Attorney’s Office, developed policies and procedures to implement the new law, two National Law Firms and the National ACLU Representatives sued the Sheriff and County Attorney to stop them from enforcing it.

The ACLU claimed Prop 100 was unconstitutional on its face, excessively harsh in how it was being enforced and a violation of the illegal alien arrestee’s due process, and 5th, 6th, and 8th Amendment Rights.

Federal District Court Judge Susan Bolton considered motions for summary judgment filed by the ACLU and Sheriff Arpaio and the other county defendants. After carefully examining a substantial volume of evidence submitted by both sides, Judge Bolton resolved each legal issue in favor of Arpaio and the County Attorney Bill Montgomery. The original court complaint listed six claimed constitutional violations. Five of the six were the subject of Judge Bolton’s decision – all resolved in Arpaio’s favor.

Sheriff Arpaio stated “I am happy to get Judge Bolton’s decision. I always knew and felt that the County Attorney and I proceeded fairly and correctly to implement the mandate of the voters. Proposition 100 was crafted to deal with an ongoing problem – illegal aliens committing serious felonies and using the courts as a revolving door to escape justice by skipping out after getting a far too lenient bail.â€