Prop 100 Struck Down

The U.S. Court of Appeals 9 th Circuit ruled yesterday to strike down Arizona's Proposition 100, a bill passed in 2006 that removed the right to bail from certain people who are in the country illegally. Since the bill became law eight years ago, illegal immigrant defendants charged with "serious felony offenses" have been barred from posting bail, meaning they must remain in jail until trial.

What qualifies as a "serious felony offense"?
ARS § 13-3961 (the Arizona statute that lists un-bailable offenses) defines "serious felony offenses" as any class 1-4 felony or aggravated DUI offense.

In the appeals court's ruling, they said that ARS § 13-3961 violates an offender's due process rights provided by the Fourteenth Amendment. Unless the 9 th Circuit court's ruling is stayed or overturned by the Arizona Supreme Court, all criminal offenders, not just those who are in the U.S. legally, have the right to post bail.

There are other un-bailable offenses provided in the Arizona Revised Statutes, but those apply to all criminal offenders, not just those who are in the country illegally.


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