Governor Napolitano is blocking Prop. 100 legislation

Another email from the sister of a man who was murdered by an illegal immigrant –

Governor Napolitano is attempting to block Prop. 100 legislation which would ensure that the courts enforce Prop. 100, no bail for illegal immigrants who commit serious crimes. It is clear that Senate President Tim Bee knows what the Governor seems not to understand: Immigration is now a bipartisan issue and the Prop. 100 fix has to pass. Our liberal courts, under the leadership of presiding superior court judge Barbara Mundell, have found a way around enforcing Prop. 100 by deciding to use a higher standard than “probable cause” to determine whether illegal immigrants are here illegally or not. Under this ridiculously high standard of proof, even if illegal immigrants accused of serious crimes ADMIT they are here illegally, the courts are saying that’s not enough proof they’re illegal and are letting them out on bail! The legislation being considered right now would ensure that a “probable cause” standard is used by the courts so they can’t weasel out of enforcing Prop. 100; admissions by illegal immigrants that they are illegal would be enough evidence to hold them without bail.

It is not only a strong statement on illegal immigration but more importantly the core issue of public safety and illegal immigration as there is proof evident and presumption great that they committed the crimes. In fact in what I am sure was a drafting error…but it is in writing in the recent order from the AZ Supreme Court demanding that the Superior Courts enforce Prop. 100: Supreme Court Justice Ruth MacGregor (who is liberal) says “proof evident and presumption great” that they are GUILTY of the offense charged…[emphasis added] her words not mine. So the Governor and the Democrats in the legislature who want a higher standard are out of line. Prop. 100 passed with 78% of the vote; the vast majority of the public is in favor of holding illegal immigrants accused of serious crimes without bail so they can’t escape back to their native country and avoid the consequences of prosecution. If probable cause is sufficient to bring you in front of a jury to answer a charge of first degree murder or child molestation, why do we need a higher standard to hold you without bail?

The higher standard issue is met by proof evident and presumption great on the underlying charge. That should be sufficient, why are the Dems being weak on immigration when the lessons have been learned? The word is that the Governor ordered the Dems in the legislature to oppose the bill. The legislators are merely falling in line. Those in swing districts are quietly voicing their concerns about a final vote and may not vote the straight party line. They would be wise not to with next years elections right around the corner. This is a key vote to remember and not defensible. As soon as one of those illegal immigrants released on bail commits a serious crime, they will regret their vote. The Governor has already been successful forcing Bee to take the bill out of the budget, making it easier to defeat it in the legislature, and also easier to defeat it by gubernatorial veto.

It is one thing to write whining letters to President Bush in a transparent attempt to pass the buck but when it comes to releasing criminals back onto the streets some of whom have already left the country, reentered illegally and committed new crimes including murder, the buck stops at the 9th floor.


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