Missouri court strikes law denying bail to some immigrants

JEFFERSON CITY, Mo. -- The Missouri Supreme Court struck down a state law Thursday that denies bail to criminal defendants who cannot prove they are present in the U.S. legally.

The unanimous decision came in the case of a man who has been jailed since Sept. 3 on a felony charge of possessing a forged Social Security card, but it could apply to anyone living in the U.S. illegally who faces charges in a Missouri court.

The ruling comes during a time of heightened attention to immigration issues, as President-elect Donald Trump has pledged to build a wall along the Mexican border and enforce the nation's immigration laws more aggressively.

Immigration policy typically is a federal matter, but many states have stepped in with their own laws that can apply when people are facing state charges.

Missouri law states there is a presumption granting bail for someone "unlawfully present in the United States" cannot reasonably assure the person will return to court for a later trial.

The law requires defendants who cannot prove their legal presence to remain in jail until their case is resolved.

Missouri's highest court said that law violates the state constitution, which states people have a right to be released on bail pending a trial unless they face capital charges or pose a danger to others.

The court said those determinations must be made on a case-by-case basis, and the state cannot categorize a whole class of people as posing a danger to others merely because they are living in the U.S. illegally.

The Supreme Court directed the lower court to reconsider the bail request.

"The right thing happened, and we're going to try to go forward now," said lawyer Fawzy Simon, who represents the defendant, Faustino Lopez-Matias.

Simon said he plans to go to Camden County Circuit Court today to renew his request for bail.

In documents previously filed with the Supreme Court, he had requested bail be set at a $5,000 bond or $500 in cash, subject to the usual conditions of someone facing a forgery charge.

Online court records list a Camdenton, Missouri, address for Lopez-Matias.

Simon declined to identify the native country of his client.