Posted on 10/15/2014 7:22:07 PM PDT by jazusamo
Illegal immigrants have the same constitutional right to bail that U.S. citizens do, a federal appeals court ruled Wednesday in a decision striking down an Arizona statute designed to make sure criminals without any community ties didn’t flee in the face of a looming trial.
The 9th U.S. Circuit Court of Appeals, in a 9-2 decision, ruled that Arizona’s voters, who passed the statute in a 2006 referendum, were actually trying to punish illegal immigrants rather than trying to reduce the risk of flight by those charged with serious felonies. The judges said bail isn’t allowed to be used as punishment, since the accused is innocent until proven guilty.
“Intentionally meting out pretrial punishment for charged but unproven crimes, or the nonexistent crime of being ‘in this country illegally,’ is without question, a violation of due process principles,” Judge Jacqueline H. Nguyen wrote in a concurring opinion.
The case marks the latest time that the 9th Circuit, which covers most of the western U.S., has struck down one of Arizona’s get-tough immigration laws.
An earlier three-judge panel of the same court had upheld Arizona’s law, but Wednesday’s ruling supersedes that.
Immigrant rights advocates said the ruling shows that constitutional rights apply to everyone, regardless of their status.
(Excerpt) Read more at washingtontimes.com ...
If you’re an illegal alien invader or sexual deviant, you’ve got it made in our clown courts.
And driver’s licenses, mortgages, welfare, food stamps, concierge services, free tuition, etc., etc...
Intentionally meting out pretrial punishment for charged but unproven crimes, or the nonexistent crime of being ‘in this country illegally,’ is without question, a violation of due process principles,” Judge Jacqueline H. Nguyen wrote in a concurring opinion.
Says pedophiles and murderers everywhere. ..
Nguyen isn’t even an American name.
“Nguyen isn’t even an American name.”
Unbelievable !
Exactly what IS an American name ??
.
Citizenship is overrated.
Then I have a right to douse my local illegals with a bleaching agent at the local general store! How many diseases will they be allowed to spread? They’ve already murdered children in Michigan and Jersey.
DEPORT OBOLA’S VIRAL WEAPONS NOW!
Or the people will!
But conservatives love to talk a good story.
If an arrested person is believed to be a high risk to flee, then bail can be set very high, right?
If a person is lacking in “community ties”, then that sounds like a good reason to crank up the bail.
An American name? You mean like Tȟatȟáŋka Íyotake? What do American names look like and how would I spot one?
I think we’re all like frogs lounging in the hot tub marveling at how nice and toasty the water is.
This decision NEEDS TO BE CHALLENGED because it defies common sense. An illegal immigrant/criminal has many reasons to flee back home and forfeit bail, and NONE to remain and be tried in an American court.
I know that the 9th Circuit is the Nutty Ninth, but somewhere in America there must be 5 people (i.e. Supreme Court justices) who actually understand what a “flight risk” is.
Absolutely, anyone with an ounce of common sense knows this ruling by the 9th Circus is an abomination.
No flight risk has right to bail. And having foreign cpuntry to flee to IS a flight risk..
I don't know where these judges went to law school and I don't want to know. But as mentioned in related threads, official sources, including the Constitution (RTFM), clearly indicate that only US citizens are guaranteed constitutionally enumerated protections.
Article IV, Section 2, Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
14th Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; 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.
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphases added].” —Minor v. Happersett, 1874.
Bttt!
God forbid a state gets tough on these illegal alien invaders.
Of course bail should be set higher and denied for these criminals. 1) They show a proclivity to break the law by stepping foot on American soil illegally. 2) They are a flight risk.
But then again, you don’t expect common sense out of the 9th Circus.
Remember all those poor "boat people" we took in from Vietnam? There ya go!
And the court has the right to set the bail high enough to ensure the illegal alien doesn’t flee. Most bail bondsmen won’t bail out an illegal alien because they know they will disappear 15 minutes after they make bail.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.