“Prop. 100 snubbed by judicial system”

There’s a great article in the Republic today on how Arizona courts are continuing to ignore enforcement of Prop. 100, which prohibits bail for illegal immigrants accused of serious crimes (it passed with 78% of the vote, which is quite high for a ballot measure). The courts instead are allowing these accused felons to post bond and then escape out of the country, where they aren’t tracked down, and are free to illegally cross over the border again back into the U.S. (where they may commit more serious crimes, and have, if you’ve been watching The O’Reilly Factor, which recently covered an illegal immigrant convicted of several crimes who killed two teenagers drunk driving).

Have you ever noticed that here in Arizona there is a split between local leaders: you have Governor Napolitano, Attorney General Goddard, City of Phoenix Mayor Gordon & councilmembers, and the courts fighting enforcement of illegal immigration laws (with the able assistance of the local print media), while on the other side, there’s Sheriff Arpaio, the county attorney, and the legislature trying to enforce illegal immigration laws and carry out the will of the people.

So even though Prop. 100 passed with overwhelming voter support last fall, Arizona courts are trying to find a way to make it unenforceable. If I remember correctly, this is the second time they’ve been caught trying to ignore it – the first time a month ago or so the Arizona Supreme Court had to step in and order the lower courts to start enforcing it.

According to the Republic article, even if an illegal immigrant who is arrested for a serious crime says he’s an illegal immigrant, the lower courts say that’s not enough “evidence” to hold him without bail. So far, 160 illegal immigrants accused of serious crimes have been given bond or released without it. This is very dangerous for the community. Keep tuned to the O’Reilly Factor.


  1. Villanova says

    Shameful actions undergirded by the AZ Supreme Court and Presiding Maricopa County Judge, Barbara Rodriguez Mundell.

  2. Carlos Merchant says

    Ted: i work every day for a unnamed national government entity ( trying to protect myself here ) that trakcs down serious criminal offenders that are also illegal aliens. I think you should add ATF and ICE into the group that is TRYING and TRYING to enforce the laws of this nation but constantly being let down by the U.S Congress and the State of Arizona and the courts.

    I don’t want to go praising Goddard as he is a politician and automatically not to be trusted- but the AGs office has been nothing short of WONDERFUL in their role in assisting us. I can’t name their names because there are many mexican drug lords that would love to get their hands on these prosecutors but let me be the first to say that these guys are TOP NOTCH, grade A material.

    It’s the courts and the legislature and the congress that is tying our hands. IE: The Western Union case. My unit has captured thousands- read THOUSANDS of illegal aliens with millions of dollars of drugs, hostages and weapons but the courts are trying to shut their program down. So, please, be nice to those guys at the AG’s office- they try so hard and are constantly fighting with one hand behind their back.

  3. kralmajales says

    So are you all prepared to raise the taxes necessary to pay for the new jails that it will take to house everyone under this proposal that fails to get bail?

    Come on…think about the consequences…folks. Nobody’s letting out felons who are a flight risk…if so…its very very rare.

    You fund it and some of us will enforce Prop 100.

    You wont though…because it would require more tax funds.

  4. Carlos, as a friend to those prosecutors at the AG’s office, I’d like to thank you for your kind words. They are indeed doing a good job under difficult circumstances for far less pay than they would get anywhere else, including other public sector jobs. [For those of you that don’t know, Asst AG’s, including those who take on the kind of cases that Carlos talks about where threats to their lives are real, are paid less than city prosecutors who handle dog barking cases.]

    As for the enforcement problem on Prop 100, I don’t know why they didn’t withhold bond on the guy who was caught with paperwork showing he was here illegally. But as for the people who have just admitted to being an illegal, there is a problem with prosecuting them based on a legal principal called corpus delecti. Basically, it means that a person cannot be conviced based solely on a statement of the defendant. It gets more complicated than that (we are dealing with lawyers after all) but I think that’s generally what’s going on now.

    kralmajales, I for one am fine with raising taxes to fund the jail system. And as any voter in Maricopa County can tell you, there is never any problem doing so when the county puts a tax hike on the ballot to pay for jails. I find it interesting however that you say that if WE fund it “some” of YOU will enforce it. Clearly, your problem with Prop 100 has nothing to do with money so don’t bother with the red herring arguments.

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