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Could Indiana adopt a law like Arizona's?

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Following Arizona’s passage of a law that would allow local and state law enforcement to arrest people on suspicion that they are living in the United States as illegal immigrants, a number of lawsuits were filed in response to the law, Senate Bill 1070. Arizona Gov. Janice Brewer on April 23 signed the law, which will go into effect July 28.

An Indiana senator has since stated he will propose a similar bill during the 2011 legislative session. Meanwhile, immigration attorneys and victims advocates are reading up on the Arizona law and bracing themselves for what a similar bill in Indiana could mean for their clients.

Perhaps the most significant of the lawsuits is Friendly House, et al. v. Michael B. Whiting, et al., filed June 4 by a civil rights coalition, which aims to stop the law from going into effect until it is reviewed for constitutionality.

Immigration main Angelin Fisher, a staff attorney for Indianapolis-based Neighborhood Christian Legal Clinic’s immigration team, left facing camera, discusses a case with her clients with the help of paralegal and interpreter Andrea Lindquist, far right. (IBJ Photo/ Perry Reichanadter)

That coalition includes the American Civil Liberties Union, Mexican American Legal Defense and Education Fund, National Immigration Law Center, Asian Pacific American Legal Center, ACLU of Arizona, National Day Laborer Organizing Network, and the National Association for the Advancement of Colored People.

The American Bar Association publicly supported the civil rights coalition when it filed an amicus brief in the case June 30.

Josh Abel Mug Abel

“While the ABA typically files amicus briefs only in the highest federal or state court that will consider a matter, the ABA believes the issues before this Court are of such significance to the American people and the practice of law that they must be addressed at this stage of the proceedings,” the ABA wrote in the brief.

The ABA stated four concerns arising from the Arizona law – the potential for racial profiling by law enforcement; detention of citizens and non-citizens; how the bill would affect the justice system, particularly for indigent defendants; and how the state law could conflict with existing federal laws.

In Indiana, Sen. Mike Delph, R-Carmel, announced he plans to introduce similar legislation during the 2011 session. During the 2009 and 2010 sessions, he introduced bills that would have required the Department of Correction to evaluate and report citizenship and immigration status of committed offenders. In 2009 and 2010, each bill respectively passed the Senate: 37-13 in 2009 and 46-4 in 2010. But both bills died in House committees.

Meanwhile, immigration attorneys and victims advocates have expressed their concerns.

Angelin Fisher, an attorney for the Neighborhood Christian Legal Clinic in Indianapolis, represents clients on their immigration cases, including applications for U-Visas and visas under the Violence Against Women Act, both of which are for immigrants who are witnesses and victims of crimes.

She has been working closely with the Marion County Prosecutor’s Office to collect information about how immigrants have helped law enforcement by reporting crimes.

While a spokesperson for the prosecutor’s office said they would not comment for this article, Fisher said there were almost 300 U-Visas pending in Marion County alone.

She said if a bill similar to the Arizona immigration bill were to pass in Indiana, “it would have a chilling effect” on how immigrants have been interacting with law enforcement in reporting and preventing crime.

Josh Abel, NCLC executive director, agreed.

“I can say our Immigrants in Crisis Program is incredibly important because it gives a voice to some of the most marginalized people in our community. If you are an immigrant without status who is a victim of a violent crime or domestic violence, without the possibility of a U-Visa or VAWA Visa, you won’t be encouraged to report that crime. If we had a law like the one in Arizona, forget it, you won’t get victims to report crimes.”

To help encourage communication between immigrants who don’t trust law enforcement due to experiences in their native countries, and law enforcement officers, Fisher has also supported outreach efforts in other counties, including Tippecanoe and Bartholomew.

Melody Goldberg Goldberg

Melody Goldberg, director of the Migrant Farmworker Law Center of Indiana Legal Services, also regularly interacts with immigrants, including many who permanently live in the U.S. but are from Mexico and other countries.

Even without a law like Arizona’s in place in Indiana, she said, the workers already have misconceptions.

She said that most immigrants will not take the time to read the entire bill and will likely base their perceptions of the law on rumors and what the media reports.

Fisher added the Arizona law could also affect how non-profit organizations interact with undocumented workers. This concern was discussed at a conference for domestic violence victims advocates in Arizona this spring.

Advocates at that conference were concerned that the law could affect how domestic violence shelters screen their victims. This was also a concern for shelters and agencies who regularly work with hotels because hotel owners might no longer agree to house victims when the shelters are full.

kerry blomquist Blomquist

Kerry Hyatt Blomquist, legal director of the Indiana Coalition Against Domestic Violence shared her concerns for victims of domestic violence who fear being deported if they report their abusers to law enforcement.

“From our perspective, such a law would be illegal,” she said via e-mail. “Indiana has a victim’s rights statute which says, in part, that all ‘victims have the right to be treated with fairness, dignity and respect.’ Victims also have a codified right to be ‘free from intimidation, harassment and abuse’ according to this same code section: Indiana Code 35-40-5. If we make calling the police or seeking personal safety, or asking that the laws of this great country be enforced – if we make these actions unfathomable for fear of persecution, then it truly is open season on all those who don’t ‘look like they come from here.’”

Fisher has also noticed the fears her clients have expressed.

A woman from Latin America who is now in the U.S. legally but has been working with Fisher to help her husband and children also receive legal status, spoke through an NCLC interpreter for this article.

While the client was grateful for the work Fisher and NCLC have done, her expression changed dramatically when asked about the Arizona law.

If a similar law were to pass here, the interpreter said, the client feared that her husband would be picked up by the police, she wouldn’t know or be able to contact him. She would also be left alone to take care of her five children.

The client also added she hoped President Barack Obama would address immigration reform. He did talk about the need for comprehensive immigration reform during a speech July 1 at American University School of International Service.

While it remains to be seen whether or how the Arizona law will affect immigrants in that state, and whether or if a similar law would pass in Indiana, Fisher said she doubted any immigration attorney would think it’s a good idea.

“They are coming here because they feel welcome,” Abel added. “If we shut the door with a harsh law like the one in Arizona, it would be an unfortunate situation in central Indiana. It would greatly affect the workforce, the fabric of our society.”•

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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