new maricopa county attorney andrew thomas is quickly getting a reputation that he is just as much of a nazi as sheriff joe arpaio Original Article No bail for migrants is backed Thomas likes plan to hold key suspects Daniel Gonzlez The Arizona Republic Mar. 18, 2005 12:00 AM Maricopa County Attorney Andrew Thomas said Thursday that he is backing a ballot measure that would require undocumented immigrants who commit serious crimes to be held behind bars without bail while their cases are pending in court. The proposal, which would require a state constitutional amendment, is aimed at preventing undocumented immigrants charged with crimes from fleeing the country after being released on bail, Thomas said. It would also prevent undocumented immigrants from being deported while their criminal case is pending. "Many of these people we have found are returning to the United States after posting bail and leaving. But they are not coming back to face justice in our courts, but rather to commit additional crimes against Arizona citizens," Thomas said. The proposed ballot measure passed the state House on March 8, by a vote of 36-23. If it passes the Senate, and is signed by the governor, voters would have the final say in the November 2006 general election. Opponents say the proposal raises civil rights issues. Although he could provide no statistical evidence, Thomas said undocumented immigrants charged with serious crimes are more likely to flee because of their immigration status, and because of Arizona's close proximity to the border with Mexico. He cited several examples, including one involving Oscar Martinez-Garcia, an undocumented immigrant who, according to Thomas, was indicted in 1998 on drug and weapons charges and was released to immigration officials after posting $3,200 bail. A year after Martinez-Garcia was deported, he was pulled over by Phoenix police, Thomas said. During the traffic stop, a passenger in his car shot and killed Officer Marc Atkinson, Thomas said. "He was allowed to commit this crime because he was released and not held accountable the first time," Thomas said. Eleanor Eisenberg , executive director of the American Civil Liberties Union of Arizona, said she is concerned that the proposal could violate civil rights guaranteed under the U.S. Constitution. Not all undocumented immigrants flee while out on bail, she said. "The general rule is you are innocent until proven guilty and this seems to send the message that that doesn't apply to you if you are an undocumented immigrant," Eisenberg said. She also said the proposal is unnecessary because judges already have the discretion to deny bail to defendants who commit serious crimes and pose a flight risk or danger to society.