Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

Supreme Court rejects appeal to save Arizona immigration law

California residents may be interested to learn that the U.S. Supreme Court has refused to reconsider an appeals court decision striking down an Arizona law that denied bail to illegal immigrants charged with serious felonies. The rejection, announced on June 1, means that the lower court's ruling that the law is unconstitutional stands.

In 2006, 78 percent of Arizona voters approved a constitutional amendment that said judges could not release illegal immigrants on bail "if the proof is evident or the presumption great that the person is guilty of the offense charged." Three state and federal courts allowed the amendment to stand based on a 2003 Supreme Court case that found illegal immigrants can be jailed before trial because they may flee over fears of being deported. However, the U.S. Court of Appeals for the 9th Circuit overturned those rulings based on a 1984 federal law that states judges must decide on a case-by-case basis if dangerous defendants should be jailed before trial. The court found that Arizona's law was a "scattershot attempt" to combat flight risk. The majority of the Supreme Court declined to intervene. The court's three most conservative members, Justices Samuel Alito, Antonin Scalia and Clarence Thomas, would have heard the case.

Defendants charged with capital offenses can be denied bail in 22 states, and those charged with crimes that threaten a life sentence can be denied bail in six states. However, only Arizona, Alabama and Missouri have laws that deny bail based on immigration status.

Anyone facing immigration issues based upon alleged criminal activities may benefit by consulting with an attorney. Immigration attorneys can review the details of a particular case and recommend the best course of legal action.

No Comments

Leave a comment
Comment Information

Lawyers Your Can Trust

Our Office Locations

Orange Office
333 City Boulevard West
Ste. 1918
Orange, CA 92868

Toll Free: 800-352-7034
Phone: 714-919-8880
Orange Law Office Map

Sacramento Office
2730 Gateway Oaks Dr.
Ste. 110
Sacramento, CA 95833

Toll Free: 800-352-7034
Phone: 916-643-4657
Sacramento Law Office Map

Riverside Office
3403 Tenth Street
Ste. 742
Riverside, CA 92501

Toll Free: 800-352-7034
Phone: 951-787-0010
Riverside Law Office Map

Salt Lake City Office
675 E 2100 S, Suite 300
Salt Lake City, UT 84106

Toll Free: 800-352-7034
Phone: 801-594-9999
Map & Directions

Orem Office
1145 South 800 East
Orem, UT 84097

Toll Free: 800-352-7034
Phone: 801-594-9999
Map & Directions

San Bruno Office
1001 Bayhill Drive, Ste. 200
San Bruno, CA 94066

Toll Free: 800-352-7034
Phone: 650-243-0475
Map & Directions

Boise Office
950 W Bannock Street
Ste 1100
Boise, ID 83702

Phone: 208-391-2020
Fax: 208-485-7969
Map & Directions