ILNews

ACLU of Indiana files suit against immigration legislation

Back to TopCommentsE-mailPrintBookmark and Share

The American Civil Liberties Union of Indiana filed a federal lawsuit Wednesday in the U.S. District Court's Southern District of Indiana, challenging the wording of a new Indiana law designed to curb illegal immigration.

The class-action complaint and challenge to constitutionality of state statute calls into question the legality of two portions of Senate Enrolled Act 590.

The ACLU challenges the act’s revision to Indiana Code Section 35-33-1-1 that states a police officer may arrest a person who: has been issued a removal order by an immigration court; has been issued a detainer or notice of action by the United States Department of Homeland Security; or, probable cause exists that the person has been indicted for or convicted of one or more aggravated felonies (as defined in 8 U.S.C. 1101(a)(43)).

Earlier this month, Angela Adams, an attorney for Lewis & Kappes who assisted in filing the complaint, said a notice of action or detainer is not an arrest warrant.

The complaint reads: “Insofar as SEA 590 authorizes state and local law enforcement officers to arrest persons without reasonable suspicion or probable cause of any unlawful conduct, much less criminal activity, it violates the Fourth Amendment’s prohibition on unreasonable seizures.”

The suit also challenges a sentence that says anyone who knowingly accepts consular identification as a valid ID commits a Class C infraction, a Class B infraction for a second offense, and a Class A infraction for any subsequent offense.

Adams pointed out that consular ID’s are issued by an immigrant’s birth country, and that immigrants may rely on those ID’s as proof of age or identity in important transactions like bank business.  

“SEA 590’s prohibition on consular identification cards is directly preempted by federal regulations that authorize banks to accept foreign government-issued photo identification for verifying the identity of account holders,” the complaint states.

The suit says that the plaintiffs bring this action on their own behalf and on behalf of two classes of similarly situated persons against the defendants, pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure.

The individuals named as plaintiffs include two Mexican citizens – one who lives in Marion County and has been a lawful permanent resident of the United States since 2001, and one who lives in Johnson County. Also named as a plaintiff is a citizen of Nigeria who had a removal order issued against her in 2006. She is currently free on an order of supervision, reporting to the U.S. Department of Immigration and Customs Enforcement every six months. Under the new law, her status would make her subject to arrest.

The first class is comprised of “all persons in Marion and Johnson Counties, Indiana, or who will be in Marion and Johnson Counties, Indiana, who are or will be subject to warrantless arrest pursuant to Section 19 of SEA 590 based on a determination that: a removal order issued against them by an immigration court;  have, or will have, a detainer or notice of action issued for or against them by the United States Department of Homeland Security; or they have been, or will be, indicted for or convicted of one (1) or more aggravated felonies, as defined in 8 U.S.C. 1101(a)(43).”

The second class (“Class B”) is defined as “all persons in Marion and Johnson Counties, Indiana, or who will be in Marion and Johnson Counties, Indiana, who possess, or will posses, a valid consular identification card and are using it, or will use it, for non-fraudulent identification purposes.”

Defendants in the complaint are: the city of Indianapolis, the Marion and Johnson County prosecutors, the city of Franklin, and the Johnson County sheriff.

Other attorneys who have signed on to the case come from the national ACLU Foundation Immigrants’ Rights Project (New York and San Francisco offices), and the National Immigration Law Center.

ADVERTISEMENT

  • Fine the Politicians who made this law -- duh
    This is exactly what happens when inept politicians run their mouth without engaging their brains or knowledge of the law. What a waste of time at taxpayers expense. These politicians should be fined the same amount they have established for wasting taxpayers money and getting down to business of the work they were to perform

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT