Bail for immigrants.

AuthorMcMahon, Lucian
PositionArizona reversal - Brief article

Another controversial Arizona immigration policy has been struck down. In October, the 9th U.S. Circuit Court of Appeals found that denying bail to illegal immigrants charged with Class 4 felonies was an unconstitutional violation of their due process rights.

The American Civil Liberties Union (ACLU) brought the suit, arguing that the law presumed the guilt of defendants and punished them before trial. The en banc panel of judges agreed with the ACLU, overturning an earlier decision that had upheld the law.

The court also argued that the law was unnecessary, citing a lack of evidence of higher truancy rates among undocumented arrestees than legal residents.

The Maricopa County Sheriff's Office has vowed to appeal the ruling, promising to petition the U.S. Supreme Court if...

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