Thread: Lawsuit Takes Second Look At Arizona Immigration Law

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.

http://oneoldvet.com/

www.avvo.com

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




Then I guess they should've just stayed in their home countries to give birth, now shouldn't they have?

Is it "fair" that American citizen and legal immigrant women give birth under the same circumstances while incarcerated? Is it "fair" that they have their children taken as they are returned to jail?

These people demand equal rights and every other benefit afforded to Americans and those legally within this country.......well there they have it. Commit a crime, go to jail, and be expected to be treated like a criminal because that's what you are.

Originally Posted by azwreath

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




Then I guess they should've just stayed in their home countries to give birth, now shouldn't they have?

Is it "fair" that American citizen and legal immigrant women give birth under the same circumstances while incarcerated? Is it "fair" that they have their children taken as they are returned to jail?

These people demand equal rights and every other benefit afforded to Americans and those legally within this country.......well there they have it. Commit a crime, go to jail, and be expected to be treated like a criminal because that's what you are.

You've got to be kidding me. I don't care what your stance on immigration is, this is a matter of humanity and denying a newborn the opportunity to nurse should be criminal.

Originally Posted by attorneyatlaw

Originally Posted by azwreath

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




Then I guess they should've just stayed in their home countries to give birth, now shouldn't they have?

Is it "fair" that American citizen and legal immigrant women give birth under the same circumstances while incarcerated? Is it "fair" that they have their children taken as they are returned to jail?

These people demand equal rights and every other benefit afforded to Americans and those legally within this country.......well there they have it. Commit a crime, go to jail, and be expected to be treated like a criminal because that's what you are.

You've got to be kidding me. I don't care what your stance on immigration is, this is a matter of humanity and denying a newborn the opportunity to nurse should be criminal.

Let me get this straight; you’re suggesting we show compassion here, right?

What about the compassion these illegal aliens showed for the Americans they’ve displaced, you know, the ones who are losing their jobs and homes, whose families have been torn apart by the economic hardships inflicted on them by these criminals? What of those Americans whose children are left with relatives or in foster homes because they’ve lost everything as a direct result of these illegal criminals?

On the other hand, you do make a legitimate point. Rather than keep them incarcerated, what do say we put them on a bus immediately and send them back to where they came from? Ahhh, but that would deprive them of due process, wouldn’t it? And part of that due process requires the very same protocols and procedures to which you object.

They can’t have it both ways. They either abide by the law or they don’t, but they don’t get special treatment that isn’t afforded American citizens who are in the same circumstances when they don’t.

Without a meaningful consequence there is no change in the behavior. I’d say being handcuffed while giving birth and being denied access to your child is one heck of a meaningful consequence, and would serve the purpose of deterrence quite well.

Hey Attorney, We have had enough of the sob story bs playing on our compassion.
We are the most generous nation on earth, and in all of the history of mankind. However, enough is enough and its time to draw the line.

The same thing happens to American women in jail they loose their children as well where is your compassion for them?????

I guess you figure we should open up a day care for these women and their children while they are in jail.......Give me a Break...

Kathyet

Many of those same women probably never had any intentions of nursing their babies and were going to put them on formula anyway. The article does say SOMETIMES handcuffed so I'm sure that the ones who were handcuffed had a good reason to be handcuffed. Also how many is some? One, two, maybe a few more? I think the reporter is just writing another sob story.