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Tuesday, April 08, 2008

Rights groups challenge Arizona illegal immigrant bail law
Deirdre Jurand at 1:43 PM ET

[JURIST] Two rights groups have filed a lawsuit [complaint, PDF] in the US District Court for the District of Arizona challenging the constitutionality of Arizona's Proposition 100 [PDF text], which denies bail to illegal immigrants accused of committing serious felonies. In court papers filed Friday, the American Civil Liberties Union of Arizona and the Mexican American Legal Defense and Education Fund [advocacy websites] alleged that the law denies immigrants their due process right to individual hearings on whether they are flight risks or dangers to the community. The groups also contend that Proposition 100 allows the local Sheriff's Office to improperly use federal authority to check on the immigration status of detainees. AP has more. The Arizona Republic has local coverage.

The Arizona government approved [JURIST report] Proposition 100 in November 2006, along with three other measures directed at illegal immigration. In October 2007, the Arizona Court of Appeals rejected a challenge to the law [opinion, PDF; Capitol Media Services report], ruling that it did not violate illegal immigrants' due process rights.






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