A federal appeals court struck down Proposition 100 today on a 9-2 vote.
The state law was enacted in 2006. It denied bond to undocumented immigrants who were charged with “serious” crimes.
A majority panel of judges from the Ninth Circuit Court of appeals held the law was unconstitutional because it was an overly broad method of addressing flight risk.
Maricopa County Attorney Bill Montgomery was unhappy with the move. He said the judges failed to appreciate the unique circumstances in Arizona.
"While the 9th circuit may have a policy difference with our legislature their ruling also fails to take into account legitimate interests in protecting public safety," Montgomery said.
Cecillia Wang is the ACLU attorney who argued the case in the 9th U.S. Circuit Court of Appeals. She said the court adopted their argument that Proposition 100 was grossly excessive.
" Today’s decision vindicates the notion that people are presumed innocent," Wang said. "And part of that presumption of innocence is that you get to have an individualized hearing in front of a judge to argue why you should not be jailed while you’re trying to defend yourself."
This is not the first time Prop 100 has been challenged. An appeal to the 9th Circuit initially failed in June after being upheld by a district court judge in Phoenix.
Today's ruling was the result of a rehearing by a full 9th Circuit panel of Judges.
Updated Oct. 15, 2014 at 5:06 p.m.
Corrected to show proper spelling of Cecillia Wang's name.