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Groups file suits against new law

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Indiana Lawyer Rehearing

The National Immigration Law Center, American Civil Liberties Union of Indiana, and the national ACLU Foundation Immigrants’ Rights Project filed a class action lawsuit May 25 challenging the wording of a new Indiana law designed to curb illegal immigration. Lewis & Kappes attorney Angela Adams is among the attorneys representing the plaintiffs who say the law – Senate Enrolled Act 590 – will allow police to wrongly arrest people and will penalize immigrants for using their consular identification cards.

Since SEA 590 was first introduced in the Indiana Legislature, people around the country have drawn comparisons between it and the Arizona law that was introduced in 2010 as Senate Bill 1070 – which was widely considered to be the nation’s strictest immigration bill. Indiana’s bill was revised during the legislative session to remove language authorizing police to arrest people based on their appearance.

In the ACLU complaint, Buquer et. al. v City of Indianapolis et. al. No. 1:2011-CV-00708, the plaintiffs contend that a notice of action or detainer is not grounds for arrest.

In a statement released May 25, Andre Segura, staff attorney for the ACLU Immigrants’ Rights Project, said, “Indiana has unwisely chosen to follow down Arizona’s unconstitutional path. This law marginalizes entire communities by criminalizing commonly accepted forms of identification. The law also undermines our most cherished constitutional safeguards by putting Indiana residents at risk of unlawful warrantless arrests without any suspicion of wrongdoing, much less criminal activity.”

On June 2, the NILC and ACLU also filed suit against a new Georgia immigration law that outlaws the use of consular identification cards.

Rehearing: "Immigration bill could bring Indiana into the national spotlight" IL May 11 - 24, 2011

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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