Stricter Prop. 100 guidelines passed

By Jonathan Clark
Herald/Review
BISBEE — An effort by state legislators to tighten up a voter-approved law that denies bond for illegal immigrants accused of serious crimes is likely to have little real impact in Cochise County, members of the local judicial system say.

The House approved a Republican bill on Wednesday that says that courts need only to find probable cause — a lower threshold than the current burden of proof — in deciding if criminal defendants are illegal immigrants who should be denied bail.

The bill also requires judges to consider certain evidence, such as defendants’ admissions, immigration holds and hearsay statements, as proof that a person entered the U.S. illegally.

Lawmakers hope the changes will result in stricter enforcement of a constitutional amendment that was approved overwhelmingly by voters last November as Proposition 100.

However, local judges say the proposed changes could be difficult to implement due to conflicts with defendants’ constitutional rights. And defense attorneys and prosecutors agree that since most illegal immigrants who are arrested in Cochise County already can’t afford to post bond, the changes are likely to have little tangible effect on keeping defendants in custody.

The Arizona Constitution guarantees criminal defendants, with exceptions for certain offenders, a right of bail. Proposition 100, now on the books as ARS 13-3961, added an additional exception for illegal immigrants charged with class 1, 2, 3 and 4 felony offenses or aggravated DUI.

The constitution also says that, in order to hold a defendant without bond, a judge must decide “if the proof is evident or the presumption is greatâ€