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ilbegone
04-02-2011, 09:15 AM
Arizona law denying bail to jailed migrants upheld


Due-process rights are not violated, federal judge rules

A federal judge this week upheld a voter-approved Arizona law that denies bail for inmates suspected of being in the country illegally.

U.S. District Judge Susan Bolton issued a ruling Tuesday denying a lawsuit brought by a group of defendants who claimed the law violated suspects' rights to due process and denied them constitutional protections that provide counsel and prevent excessive bail.

The American Civil Liberties Union's Immigrant Rights Project brought the legal action and plans to appeal Bolton's ruling.

Proposition 100, also called the Bailable Offenses Act, passed in 2006 with almost 78 percent of the vote. The law restricts judges from granting bail to any undocumented immigrant facing a Class 4 or higher felony.

Maricopa County Sheriff Joe Arpaio was among the defendants named in the claim filed in 2008 and said he was confident the law's constitutionality would be upheld.

Bolton did not rule on a claim that the law violates constitutional protections against self-incrimination and set a trial date for mid-June.

http://www.azcentral.com/news/articles/2011/04/02/20110402arizona-law-illegal-immigrant-jail-bail.html