Supreme Court voteListen
Arizona cannot deny bail to undocumented immigrants in felony cases, the U.S. Supreme Court decided Monday.
The court's ruling came in its decision not to take an appeal by Maricopa County Attorney Bill Montgomery of a lower court decision striking down the state constitutional amendment denying bail.
"There is a concern that defendants subject to deportation by the federal government due to their immigration status may be deported when released from state custody on bail and not be present for further proceedings," Montgomery wrote in a press release.
The 9th Circuit Court of Appeals had struck down the voter-approved amendment, which was passed as Proposition 100 in 2006.
The proposition said bail should be denied for people charged with “serious felony offenses” if they are in the country illegally.
"Arizona officials who tried to strip people of a bail hearing and the presumption of innocence have reached the end of the road," said Cecilia Wang, director of the ACLU Immigrants Rights Project. "Laws that are driven by fear-mongering rather than facts are bad policy and violate everyone's civil liberties."
Three Supreme Court justices dissented on the decision not to take the case.
“The Court’s refusal to hear this case shows insufficient respect to the State of Arizona, its voters, and its Constitution," Justice Samuel Alito wrote. Justices Clarence Thomas and Antonin Scalia signed Alito's comments.
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