Maricopa County Attorney Bill Montgomery wants "full and fair opportunity" to prove in court why a recent ruling allowing bail for jailed undocumented migrants should not stand.
The Republican politician put out a news release on Thursday evening saying he's filed an emergency motion with the U.S. Ninth Circuit of Appeals to ask for delayed implementation of the ruling.
In deciding a class-action lawsuit by immigrants who feel they were denied bail unfairly, an en banc panel of the Ninth Circuit Court struck down the voter-approved, 2006 law last week, deeming it unconstitutional and stating in an opinion that the measure, "violate(s) substantive due process..."
One reason the court gave for the opinion was the lack of evidence proving undocumented immigrants are more likely to skip their court proceedings than other defendants.
Montgomery, in the release, says he wants to set the record state and warn of supposed dangers in releasing certain suspects. He wants "the matter be returned to the district court to consider the possible dangers of releasing suspected criminals who pose a flight risk," and says the ruling will force Arizona courts to review "hundreds" of pending criminal cases.
The office is "seeking a fair opportunity to present objective evidence" in the case, Montgomery says, adding that, " 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."
Sounds like he wants a fact-checking operation launched. But who will referee to keep the process "objective?"
He threatens to petition the U.S. Supreme Court next if the appeals court doesn't grant the delay.
Got a tip? Send it to: Ray Stern.
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