Thread: Lawmakers vote to make it harder for illegals to bail from j

Published: 06.07.2007

Lawmakers vote to make it harder for illegal immigrants to be released on bail
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX - Upset with judges they say ignore the law, state lawmakers voted Thursday to make it harder for those in this country illegally to get released on bail if they're accused of certain crimes.

The legislation expands Proposition 100, approved last year by voters, which says bail must be denied to illegal immigrants if they are charged with serious crimes and the proof is evident or the presumption great the person is guilty.

It spells out that a judge must believe only there is "probable cause'' the person is here illegally. And it would require the court to consider any relevant information in making that determination - including hearsay evidence.

Rep. Russell Pearce, R-Mesa, said SB 1265 is necessary because judges are finding ways to rule there is not enough evidence to conclude someone is an illegal immigrant. He said there are cases where bail is set even when defendants admit they are not here legally.

But the measure, which gained preliminary approval on a voice vote, came over the objections of several legislators who said the revised procedures easily could result in U.S. citizens being denied bail solely because they speak Spanish.

Pearce said he is not concerned. He said the determination of legal status would come only after a court concludes there is reason to believe the person is guilty of the crime accused.

"Public safety is paramount,'' he said. "You ought to be erring on the side of holding people without bond if they're in this country illegally and they've committed serious felonies.''

Pearce said there is little problem at a defendant's initial court appearance, when magistrates generally deny bail to those who apparently are here illegally.

But he said that, at least in Maricopa County, more than 85 percent of defendants initially denied bail based on Proposition 100 are allowed by a judge at a subsequent hearing to post bond and go free.

"The public spoke loud and clear: If you commit a serious felony, if you're in this country illegally, you should not receive bond,'' Pearce said of the ballot measure, approved on a 78-22 margin.

He said the "probable cause'' standard simply is a "reason to believe'' the person is an illegal immigrant. And Pearce said that can be determined by "common sense.''

Rep. Peter Rios, D-Dudleyville, said he has no problem with denying bail to those who entered the country illegally and are charged with serious crimes. But Rios said he feared Pearce's "common sense'' approach is going to cast a wider net than just immigrants.

"We're going to get some people caught up in that process that are U.S citizens,'' he said. "Simply because they speak Spanish, or simply because they have dark hair, they're going to be detained and not eligible for bail.''

He preferred an alternative which would require that there be a "preponderance of evidence'' that the person is in this country illegally. That is generally defined as a standard where there is more evidence one way than the other.

The problem is not confined only to Maricopa County.

Kellie Johnson, the acting chief criminal deputy for the Pima County Attorney's Office, said judges in her county sometimes set bail for illegal immigrants after concluding they are legally blocked from considering certain evidence of a person's legal status.

http://www.azstarnet.com/sn/printDS/186543

People are required to provide fingerprints when they are naturalized citizens. Even those receiving green cards are required to be printed. So there should be no problem proving that they are here legally. They can just run their prints. What is so hard about this?