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Indiana's immigration law reeling

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The U.S. Supreme Court’s June 25 ruling in Arizona v. United States wounded Indiana’s immigration law, particularly controversial provisions similar to those the court struck down in the Arizona case.

“My reading of the Supreme Court case is it further supports our argument that the law is unconstitutional and pre-empted” by federal law, said Ken Falk, legal director for the American Civil Liberties Union of Indiana, which filed one of two federal lawsuits challenging portions of the Indiana law.

Indiana Attorney General Greg Zoeller said in a June 29 interview that he was left with a choice between continuing to defend some portions of the law or allowing a temporary injunction in the ACLU case to be made permanent, the effect of which could be striking down the entire law.
 

zoeller-greg.jpg Zoeller

Zoeller said he planned to talk with lawmakers, and that state and plaintiffs’ attorneys in the lawsuits challenging Indiana’s law had begun discussions about how to proceed.

The question, Zoeller said, is “whether we’re willing to put up with all the facial or as-applied challenges, or whether it’s better for the Legislature to go back and try again.”

The high court struck down most of Arizona’s immigration law. The court affirmed for now the so-called “show your papers” clause requiring police to question someone’s immigration status if reasonable suspicion exists, but justices left open the possibility of future challenges.

“As much as people would disagree with me, I think it keeps the status quo,” attorney Alonzo Rivas said of the Supreme Court ruling, noting the court affirmed unambiguously that immigration policy and enforcement were matters reserved for the federal government. “It wasn’t until recently that states and local governments decided to start dabbling into that area.”

An attorney for the Mexican American Legal Defense and Education Fund, Rivas filed Union Benefica Mexicana v. State of Indiana, et al., 2:11-CV-482, challenging portions of Indiana’s immigration law, Indiana Code 22-4-39.5, enacted when Gov. Mitch Daniels signed Senate Enrolled Act 590 in 2011. Rivas filed the lawsuit in the U.S. District Court for the Northern District of Indiana on behalf of a nonprofit cultural, educational and health membership organization based in East Chicago.

The action Rivas filed challenged the law’s restrictions on employees and employers. The suit claims the law violates the Fourth and 14th amendments, the Supremacy Clause and the Contracts Clause. It specifically cites two sections of the law: one that allows the Department of Workforce Development to file civil actions against employers for reimbursement of unemployment insurance if they knowingly employed illegal immigrants; and a second that prohibits someone from performing day labor without filing an attestation of employment authorization.

In the Southern District of Indiana, the ACLU of Indiana filed Buquer v. Indianapolis, et al., 1:11-CV-78. That lawsuit attacked the Indiana law that it claims steps into federal jurisdiction on detention and identification and violates the Fourth and 14th amendments. It challenged portions of the law allowing state and local law enforcement officers to make warrantless arrests when an officer has a removal order issued for the person by an immigration court, a detainer, or notice of action issued for the person by the U.S. Department of Homeland Security, or has probable cause to believe the person has been indicted for or convicted of one or more aggravated felonies. The suit also challenges a provision that would criminalize use or acceptance of a consular identification card.

Both cases were on hold pending the Supreme Court’s Arizona ruling. Judge Sarah Evans Barker granted a temporary injunction against portions of Indiana’s immigration law in Buquer. The ACLU has asked for summary judgment to make the injunction permanent, and a ruling could come at any time.

In Union Benefica Mexicana, the state won a request to stay those proceedings until the high court ruled. The plaintiffs in that case seek a preliminary injunction on enforcing the challenged provisions.

“The U.S. Supreme Court’s decision provides valuable guidance to Indiana and other states in the proper role we serve in cooperation with the federal government in enforcing immigration laws,” Zoeller said in a statement issued the day of the SCOTUS ruling.

“The failure of Congress to reform our immigration statutes has put states in the difficult position of seeking this guidance from the judicial branch.”

Senate Bill 590 author Mike Delph, R-Carmel, could not be reached for comment after the high court ruling, but he issued a statement.

“The Federal government continues to ignore its duty to enforce the law. … Presidents from both parties have pandered for political reasons and now the court is once again suggesting the federal government enforce the law. As long as the law remains unenforced, states like Indiana will bear real taxpayer expense. This is an unfunded mandate.

“Although we are still reviewing (the) United States Supreme Court decision, I remain encouraged and confident that much if not most of our law is legally permissible under this decision.”

Delph said that would include a provision requiring the governor to account for costs borne by Hoosier taxpayers related to illegal immigration and submit a bill to Congress.

Rivas said Indiana is enforcing or developing enforcement regulations for provisions of the law that have not been challenged in court.


ken falk Falk

But immigration attorneys said key parts of Indiana’s law are unlikely to withstand court scrutiny.

Angela Adams, an immigration attorney with Lewis & Kappes P.C., said Indiana’s law gives police the power to detain suspected illegal immigrants who were not suspected of committing a criminal offense.

Such a law isn’t likely to stand, she said, because justices signaled that “if a police officer was to hold someone too long solely for their immigration status, that would raise constitutional concerns.”

In the wake of the SCOTUS ruling, the Obama administration suspended a program that deputized local law enforcement to work in conjunction with federal immigration enforcement. The administration also signaled it would limit detentions of suspected illegal immigrants referred from local law enforcement unless the person detained is a suspected felon.

“That snatches from Arizona the one victory it could claim” from the ruling, said Gary Welsh, a private practice immigration attorney who writes the Indiana Immigration Law Blog.

Zoeller said Indiana’s law also presents practical issues.

“My other clients in law enforcement have been concerned about some of the realities of the enforcement of some of these statutes,” he said. That included concerns about possible escalation that could arise when authorities attempt to detain people under that law.

Welsh said people should take away from the court’s decision that the justices put a check on states, ruling that “the federal government is free to pick and choose which immigration laws it wants to vigorously enforce without any prodding from the states. The federal government’s authority in this area is supreme.”

The ACLU challenged the detentions and ID provisions of Indiana’s law that Falk said exceeded the scope of Arizona’s statute.

Falk envisioned a scenario such as someone buying beer at a grocery store and displaying a consular ID. Under the Indiana immigration law, he said, “That became an infraction for both the person showing and the person accepting it.”

Rivas cited as particularly onerous Indiana’s provision allowing the state to sue business owners found to have employed undocumented workers and recoup unemployment insurance the company paid to workers, regardless of the immigration status of the recipient. “That’s actually a stiff sanction, and we argue it’s a sanction that is pre-empted by federal law,” he said.

Indiana was among five states that passed tough immigration laws after Arizona. Since the Supreme Court announced it would review Arizona’s law, no state has passed new immigration legislation.•

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  • Dabble indeed
    The whole conversation is necessary because the federal government has utterly failed and abdicated its role in defending the borders against migrant invasion such that we have oh who knows, 15, 25, 30 million illegal immigrants here? No wonder the states have tried to "dabble." Dabble! What a word. Chosen by the apologists of crime. Who is that? Loook at all those lined up against the states, that s who. What crime? The crime of unlawful entry. From Obama on down they act like the law isnt even law. Pathetic. You expect anyone to respect the law when the president doesnt? Si se puede! Dabbling is what they have been doing at enforcement, for years. Dubya was just as bad as Obama. Dabbling indeed! One more thing. This policy is at the expense of the the poorest and most unskilled American native-borns who have to compete with all the new unskilled migrants for low paying jobs. A policy of nonenforcement of law that hurts minorities and union workers and young people-- but which panders to the Hispanic lobby. You can see why both democracts and republicans are in favor of non-enofrcement of our borders! Rich republicans get cheap labor and rich democrats get more votes! Oy, whats not to like!??

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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