Ninth Circuit Court: Undocumented Immigrants Charged with felonies can have bond

A decision that favors undocumented Immigrants charged with a felony and held without bond has just been handed down from the United States Court of Appeals for the Ninth Circuit Court.

The idea of holding someone presumed to have committed a crime without bail based on their legal status in this country is absurd. Traditionally the measure utilized is that which determines if the individual is a flight risk or not. In the case of an individual with a job and family ties in the U.S., especially U.S. born children or a U.S. Citizen wife, the wiser decision and the appropriate one would be to release the individual on bond, or a monitoring device if the judicial officer feels there is a degree of flight risk.

Prop. 100 was sold to voters as denying bond to illegal immigrants who had committed serious crimes. It passed in November 2006 with 78 percent of the vote.

The Legislature then went on to define serious crimes as Class 1, 2, 3 and 4 felonies.

Those include murder and rape, but also many non-dangerous crimes such as forgery with intent to commit fraud, conspiracy to commit human smuggling, and identity theft. In other words, it included the non-violent crimes that are most often brought against illegal immigrants.

In proposing the law, the Legislature reasoned that illegal immigrants were likely to flee before going to trial. Most, however, are not brought to trial for those crimes, but rather are allowed to plead guilty to lesser felonies and then removed from the country.

The following is a quote from the majority on their ruling today:

The plaintiffs contend that the Proposition 100 laws violate substantive due process. We agree.



Republican dream come true

The headline reads: D.C. Mayor signs legislation allowing handguns As if an incident didn't occur there just the other day. Well, rulings are rulings, and as long as the Fed benches remain replete with Republucan Judges, we will continue seeing these types of rulings handed down.

Now I'm left to ponder, did the comunity branch of ALEC (ACCE) get involved in advocating for or funding the fight to allow guns in D.C.? Source:


The Koch Brothers are knocking on your back door

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ALEC is Coming to a City Block Near You
The conservative think tank known for flooding state legislatures with its agenda is starting to think locally

The American Legislative Exchange Council (ALEC) has long made headlines as a conservative policy-sharing network that has pushed an agenda of voter suppression and dismantling of public education at the state level. Now the group, backed by conservative billionaires Charles and David Koch, is going local with its new initiative, the American City County Exchange (ACCE). Soon, city government or county commission policies could be generated at the same right-wing think tank that has attacked environmental protections, attempted to undermine the rights of workers and made it harder for people to vote.

At a time of congressional gridlock and partisan rancor, local policies are easier to come by at the local level, with business and citizen groups coming together to generate solutions to problems such as affordable housing, public transit, open space and good-paying jobs. At the heart of these efforts is the spirit of regional collaboration among people who will have to live with the consequences of policy.

ALEC, with its new project, plans to interrupt that collaborative policy-making process by coming in from the outside with model bills based on an ideological obsession with privatization (piratization) rather than on local knowledge about what works.