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Posted on: October 23, 2014

County Attorney Asks Appeals Court to Delay Order Allowing Bail for Undocumented Criminal Suspects

PHOENIX – Maricopa County Bill Montgomery is asking a federal appeals court to delay the implementation of a recent ruling that allows undocumented aliens who are charged with a serious felony to be released on bail. In an emergency motion filed with the U.S. Court of Appeals for the Ninth Circuit, Montgomery requested that the matter be returned to the district court to consider the possible dangers of releasing suspected criminals who pose a flight risk. He also argues that the appeals court ruling in Lopez-Valenzuela v. Arpaio will force Arizona courts to reconsider bail determinations for hundreds of pending criminal trials and overturn a law Arizona voters passed by an overwhelming margin in 2006.

“In requesting the case to be remanded to the Arizona District Court, we are seeking a fair opportunity to present objective evidence in support of upholding the no bail provision implemented by Proposition 100,” Montgomery said. “Rather than jettison an Arizona Constitutional provision in effect for eight years, the next step should be to resolve the issue of whether Arizona’s interest in detaining without bail serious offenders who are unlawfully present is based on objective data. Respect for federalism, the Tenth Amendment, and the realities of the environment in which Arizona must address public safety concerns call for a full and fair opportunity to present the facts,” he added.

If a stay of the appeals court ruling is not granted, the County Attorney will prepare a petition to the U.S. Supreme Court to review the opinion.

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