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Members of the Gilbert Public Schools Governing Board are backing away from a controversial decision they made to redact a portion of a widely used biology textbook.
PHOENIX (AP) — A federal court Thursday awarded more than $25,000 to a Mexican woman who claimed her five-day detention at an immigration office in Arizona two years ago was an illegal arrest.
PHOENIX (AP) — An Arizona sheriff known for crackdowns on people living in the country illegally is giving up his last major foothold in immigration enforcement efforts that won him popularity among voters but gradually were reined in by Congress and the courts
Alessandra Soler, director of the American Civil Liberties Union of Arizona, at the 2012 press conference launching the lawsuit against the state for its refusal to give licenses to dreamers. (Capitol Media Services file photo by Howard Fischer)
PHOENIX -- The U.S. Supreme Court on Wednesday rejected a last-minute bid by Gov. Jan Brewer to keep thousands of dreamers living in Arizona from getting licenses to drive.
PHOENIX -- Arizonans are not entitled to details of exactly how police departments can track cell phones -- and their owners -- a judge has concluded.
PHOENIX -- Time is running out for Arizona to keep licenses out of the hands of dreamers.
PHOENIX -- Time is running out for Arizona to keep licenses out of the hands of dreamers.
Time is running out for Arizona to keep licenses out of the hands of dreamers.
With barely a month left in office, Gov. Jan Brewer is making a last-ditch effort to keep driver's licenses out of the hands of dreamers.
State officials have agreed not to pursue anyone from book sellers to Internet posters under a new “revenge porn” law, at least not for the time being.
PHOENIX -- Arizonans may get a chance to see who provided Gov. Jan Brewer some of the information for her book and what they told her.
PHOENIX -- Hundreds of immigrants in this country illegally who are locked away on state charges will now be entitled to seek bail -- at least in Maricopa County if not elsewhere in Arizona.
Hundreds of immigrants in this country illegally who are locked away on state charges will now be entitled to seek bail — at least in Maricopa County if not elsewhere in Arizona.
PHOENIX -- Attorneys for the American Civil Liberties Union want the U.S. Supreme Court to stay out of the fight over whether Arizona can deny bail to people in this country illegally, at least for the time being.
Attorneys for the American Civil Liberties Union want the U.S. Supreme Court to stay out of the fight over whether Arizona can deny bail to people in this country illegally, at least for the time being.
PHOENIX -- Immigrants in this country illegally awaiting trial on criminal charges won't be getting out of jail, at least not yet.
State Health Director Will Humble said Tuesday he's not going to automatically quarantine health workers returning to Arizona from West Africa despite widespread public support for the move.
A federal appeals court rejected a last-ditch plea by an Arizona prosecutor to salvage Proposition 100, potentially paving the way for dozens of people locked up while awaiting trial to now seek bail.
Citing concerns it broke state law — and despite insistence from its superintendent to the contrary — the Gilbert Public Schools Governing Board voted to redact pages from its textbooks tied to abortion and reproduction.
PHOENIX -- A federal appeals court rejected a last-ditch plea by an Arizona prosecutor to salvage Proposition 100, potentially paving the way for dozens of people locked up while awaiting trial to now seek bail.
PHOENIX -- Maricopa County Attorney Bill Montgomery wants a federal appeals court to give him what legal foes call a "do-over'' of his bid to salvage a state law denying bail to many people not in this country legally.
Montgomery conceded in filings with the 9th U.S. Circuit Court of Appeals that a prior county attorney did not present evidence showing that undocumented individuals were less likely to show up for court dates than citizens or legal residents. The appellate judges, citing that lack of evidence, ruled last week that lack of facts, coupled with disparate treatment of those without documents, make the 2006 voter-approved Proposition 100 illegal and unenforceable anywhere in Arizona.
But Montgomery, in his latest plea, said that was because the challengers to the law effectively admitted that to be true. So he said there was no need to present any statistical evidence.
Cecillia Wang, attorney for the American Civil Liberties Union, said that's not true. She said Montgomery is now seeking a "do-over'' for flaws in the way his office handled the case in the first place.
"They had every opportunity to show that Proposition 100 was supported by some indication there was a flight risk issue here,'' she said. "And they didn't do it,'' Wang continued. "You know why? Because those numbers don't exist.''
Montgomery said he does have such data, even though former County Attorney Andrew Thomas, who was in office when the law was challenged, chose not to present it. And he said the appellate court should give him a chance to make the case now.
"The story is not, 'I want a do-over, Andy Thomas screwed up,' ''Montgomery said. He said it's a question of "simple fairness.''
He said if the appellate court is relying on a lack of evidence to support Proposition 100 they should direct there be a court hearing to explore that issue before voiding a voter-approved state constitutional amendment.
This is more than a question of what happens going forward.
Montgomery said there are "a couple of hundred'' people now in his own county jails awaiting trial who were denied bail because of Proposition 100. He said if the ruling is not overturned, that will allow each of those people to demand a hearing to determine if they should be released -- a process that would be repeated in each of the other 14 counties -- which will cause a backup in handling other cases.
He also told the appellate judges if do not want to give him another chance to make his case, they should at least delay implementing their ruling to let him seek review by the U.S. Supreme Court.
The measure makes bail unavailable to those charged with "serious felony offenses'' if they are in this country illegally and if "the proof is evident or the presumption great'' that the person is guilty of the offense charged.
Proponents said that anyone who has crossed the border illegally probably has few ties to this country, making them a greater flight risk.
Voters approved the measure on a 3-1 ratio.
But appellate Judge Raymond Fisher, writing for the majority of the 11-member court, said there is a constitutional presumptive right of those arrested to be released on bail.
Fisher acknowledged that Arizona has a "compelling interest'' in ensuring that those accused of crimes show up for trial. But he said a blanket rule that those in the country illegally accused of certain crimes must be held without bond is not justified.
"The record contains no findings, studies, statistics or other evidence ... showing that undocumented immigrants as a group pose either an unmanageable flight risk or a significantly greater flight risk than lawful residents,'' Fisher wrote.
It is that evidence that Montgomery now contends he can marshal. But it may not matter.
Fisher said he and his colleagues are not saying it is up to the Montgomery to produce such evidence. But he said the absence of such evidence is a key factor in showing that Proposition 100 was not narrowly crafted to address a specific problem.
Fisher suggested there is, in fact, evidence to the contrary.
He pointed out there were undocumented individuals who had been arrested before Proposition 100 was approved who had been released without bail or after posting bond. He said they still showed up in court -- only to then be "needlessly remanded into state custody'' after the ballot measure took effect.
Montgomery has another hurdle to overcome: the breadth of the measure.
Fisher pointed out that Proposition 100 applies not just to those accused of serious offenses but "also relatively minor ones,'' like altering a lottery ticket with intent to defraud, unlawful copying of a sound recording, or theft of property worth between $3,000 and $4,000.
What Thomas did or did not do plays into this case in another way.
Appellate Judge Richard Tallman, dissenting from the majority ruling, said there was evidence of a sort presented: statements made by Thomas in favor of the measure during the 2006 campaign. Thomas argued that "far too many illegal immigrants accused of serious crimes have jumped bail and slipped across the border in order to avoid justice in an Arizona courtroom.''
But Fisher said that statement is not substantiated with any real data.
And he said "is not a credible source,'' having been disbarred two years ago on charges he used his office to "destroy political enemies'' and for filing unfounded criminal charges.
Follow Howard Fischer on Twitter at @azcapmedia.
Maricopa County Attorney Bill Montgomery wants a federal appeals court to give him what legal foes call a “do-over” of his bid to salvage a state law denying bail to many people not in this country legally.
PHOENIX (AP) — Maricopa County Sheriff Joe Arpaio's office says a court-appointed official's critique of the agency's investigation into alleged wrongdoing by some of its officers contains mischaracterizations.
Arpaio's lawyers say in court papers Tuesday that the report alleges investigators failed to act on information provided to them while they examined shakedown allegations against a former deputy. It also says supervisors of the deputy, whose arrest led to the investigations, didn't take appropriate action against him.
The report has not been released to the public.
The lawyers say the document unfairly suggested the sheriff's department wasn't investigating allegations in good faith, and that the criticism centers on the fact that no criminal charges have been filed against officers.
"Such a conclusion, especially given the genesis of this particular investigation, presumes the guilt of MCSO deputies," the attorneys wrote.
The critique was made by Robert Warshaw, who was appointed to monitor the agency by a judge who ruled Arpaio's officers have racially profiled Latinos in its patrols.
The judge asked Warshaw to investigate allegations against a witness in the profiling case, now-deceased deputy Ramon Charley Armendariz. Eighteen months after the profiling trial, Armendariz was accused of shaking down immigrants who are in the country illegally.
Armendariz was arrested five months ago after investigators found driver's licenses, wallets belonging to other people, bags of evidence and more than 100 license plates at his Phoenix home.
Another discovery at Armendariz's home involved an estimated 900 hours of videos taken from cameras mounted on his eyeglasses and dashboard that were supposed to be turned over in the profiling case.
Armendariz told investigators he was innocent, and he implicated former colleagues on Arpaio's immigrant smuggling squad. After his arrest, Armendariz resigned and was later found dead in his home in a suicide by hanging, officials say.
Warshaw's report on the investigation into Armendariz's allegations hasn't been publicly released.
The sheriff's office has repeatedly denied requests by The Associated Press for updates on the investigations, and investigative reports and related documents sought through public records requests haven't been released.
The attorneys who pressed the racial profiling case against Arpaio's office filed a response to Warshaw's report, but that filing is under a court seal. The American Civil Liberties Union, the driving force behind the profiling case, declined to comment on the filing by Arpaio's lawyers.
The sheriff's office says in its latest filing that nearly 9,000 videos taken by officers during the course of their work have been collected in the investigation. It says the videos have generated 39 internal investigations.
Arpaio's lawyers said Warshaw's criticism underscores the monitor's misunderstanding about the distinction between investigations that examine criminal allegations and those that focus on policy violations.
The sheriff's office also said the monitor alleged that Armendariz's supervisors failed to take administrative action against him. Arpaio's lawyers said it already has an administrative investigation into the matter.
U.S. District Judge Murray Snow ordered that a copy of Warshaw's report be sent to county and federal prosecutors. He set a Tuesday hearing to discuss the critique.
Arpaio's attorneys have asked the judge to close discussions of the Armendariz investigations, while opposing lawyers said they should be open to the public.
Saying Tucson has been “uncooperative and evasive,” the American Civil Liberties Union wants a judge to immediately order it to turn over documents about use of a device by the police department that allows it to track cell phone users without their knowledge.