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Arizona Proposition 100 To Deny Bail To Illegal Aliens Who Commit Serious Felonies [Update]

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Arizona has the largest problem with illegal aliens crossing their border and even a bigger problem with crime which has increased with the influence of illegal alien gangs.

Voters on November 7, 2006 will now have a chance to say enough is enough with illegal aliens who commit serious felonies and then flee once released on bail.

Arizona Proposition 100 would deny bail to illegal aliens who commit serious felonies.

The exact text of the proposition states:


How can any voter in Arizona, or this country, be against a measure that denies bail to an illegal alien who is suspected of a serious felony? The flight risk of illegal aliens is much higher since they can just cross the border and disappear. Many times they return later and end up continuing where they left off.

I urge Arizona voters to vote yes on Prop 100.

It is quite obvious why people would be in favor of this proposition, but let's take a look at the argument being made by those against this proposition 100. (bolding is mine)

Arizona Secretary of State Website

Proposition 100 would deny the constitutional right to post bail to people accused of most felony offenses based on nothing more than their inability to prove current immigration status, and not the actual danger they pose to the community. ... 1. This proposition will cost taxpayers an extra $2,100 per month for each person who is held and denied bail. 2. Our jails are already overcrowded and cost taxpayers millions every year. Arizona cannot afford to hold low-risk persons simply due to their national origin. 3. Bail is a cherished constitutional right. People accused of crimes have not necessarily committed the crimes they are accused of and have the right to post bail. 4. This proposition puts people who overstay a tourist visa or cross the border in the same category as serial murderers. ... More reasons to VOTE NO on Prop 100: Under current law, judges set bail to assure appearance at court proceedings and protect public safety.

Let me just stop for a second and tear these arguments apart.

If you are not in this country legally you have no constitutional rights - as they mentioned twice above - period, end of story. As they point out it will cost Arizona taxpayers a "whopping" $2,100 per month for each person charged with a serious felony, sounds like a bargain to me. Would you rather have this person on the streets potentially planning to flee only to come back later? People against Proposition 100 call those arrested for serious felonies low-risk persons.

Proposition 100 does not put tourist overstays and border hoppers in the same category as murderers. It holds those charged with serious felonies who are here illegally. If you don't want to be held without bail there are two things you can do. First, don't come here illegally. Second, don't commit a serious felony.

As far as judges setting bail, apparently it's not working that's why Proposition 100 is coming up for vote in the first place.

Prop 100 penalizes individuals who are not a danger and who have families and close community ties. Prop 100 would also create a sub-class of people within the justice system based solely on race or national origin, and unnecessarily penalize people who pose little or no risk to the community. This proposition would do nothing more than institutionalize bias and discrimination in the justice system, at taxpayer expense. VOTE NO on Prop 100. Jim Fullin, Tucson Matt Green, Tucson Margot Veranes, Tucson Paid for by "Margot I. Veranes"

Suspected serious felons should be released because they have families and close community ties? That's a new one on me. So I suppose we should have just let John Wayne Gacy free on bail because he was such a boon to the community, a business owner and had a family. Just disregard that he was being held as a serious felon for killing and burying numerous young men in the crawlspace of his house. I mean he was only charged at the time, not convicted. Or how about the BTK killer? He worked in his community. Upon his arrest he was only charged right, not convicted? Basing your bail provisions on things like family and close community ties is idiotic!

And now at the end of their argument comes their true reason for opposing Proposition 100. They see it as an attack on Latinos and Mexicans. They totally ignore the fact that this would apply to every illegal regardless of race or national origin. Don't try to tell them that though, they know this is simply a racist bill that is trying to keep poor, hard working and law abiding illegal alien Mexicans down. So what it really comes down to for these people is that it has nothing to do with constitutional rights.

Once again all these people who support illegal aliens can do is cry racism anytime citizens attempt to have the laws in this country enforced.

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Arizona Proposition 100 passed!

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Posted by Digger on October 23, 2006 05:02 AM (Permalink)

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Hey Digger, it appears you need to be corrected. I hate it when that happens. But your assumption that the U.S. Constitution does not protect the rights of illegal aliens is wrong. The Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. There are a host of rights afforded to immigrants and citizens alike. There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office. And this little ditty from the 14th Amendment makes anti-immigrant bloggers like yourself cringe because you neglected to read it: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Please note the words "any person". The right to bail is due process of law. This will be the basis upon which Prop 100 will be eventually declared unconstitutional, although it passed overwhelmingly. And then you can attempt to vote out of office all those public officials who are working hard to uphold the U.S. Constitution.

Posted by: Harrison on November 8, 2006 09:04 AM

no ala proposition 100 por k no creo que es un crimen nadamas benir a trabajar y querer vivir mejor por que nuestro pais no nos permite vivir tranquilos.

Posted by: obdulia pinksaff on April 19, 2010 06:54 PM

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