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Immigration bill could bring Indiana into the national spotlight

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On May 9, Indiana was still awaiting word about whether Gov. Mitch Daniels would sign Senate Enrolled Act 590. After a protracted volley between the House and Senate, the bill designed to crack down on illegal immigration passed on April 29, its language considerably altered from the introduced version.

Proponents of the legislation say it’s a reasonable approach to the growing problem of illegal immigration. Those who question SEA 590 single out specific points for scrutiny – such as the language that states a law enforcement officer may arrest someone if an immigration court has issued a removal order for the person.     

Marion County Superior Judge Jose Salinas said that when a removal order is issued, the defendant has the opportunity to appear before the Immigration Court in Chicago to ask to fight deportation. The court may set a new hearing for a future date.

Judge Salinas said he wondered how or when the U.S. Department of Immigration and Naturalization Services would communicate updated information to police. He proposed a hypothetical scenario in which police initiate a late-night traffic stop and run a check on the driver’s name, only to find an active removal order has been issued.

“What does it show on their records when they’re given a future court date?” he said. “How will the police access that information?”

Linton Joaquin, general counsel for the National Immigration Law Center in Los Angeles, said in an email to Indiana Lawyer, “… a police officer in the field would have no way to know whether an immigrant who is subject to a removal order is contesting the order on appeal, or is otherwise not subject to detention by federal immigration officers, such as is the case with noncitizens released under an order of supervision because their removal cannot be effected.”

SEA 590 also authorizes law enforcement to arrest a person named on a detainer or notice of action, which are two distinctly different orders.

Salinas-Jose Jose Salinas is the first Hispanic judge elected to the Marion Superior Court. He has ?held the post since 2007.

Angela Adams, an attorney who specializes in immigration law for Indianapolis firm Lewis & Kappes, said a notice of action is not an arrest warrant. Issued by the U.S. Citizen and Immigration Services, a notice of action could be something as simple as a receipt from the USCIS for filed paperwork. She wonders if police would be able to distinguish between a notice of action and a detainer.

A detainer, she said, means that a person has likely already been detained, and in most cases, is currently in jail. If the person in jail posts bond for a criminal offense, he or she will receive a notice to appear before an immigration judge regarding the detainer. But she wondered if law enforcement could potentially arrest the same person again on the same detainer if police do not have access to the most recent Immigration Court information.

Under provisions of SEA 590, a law enforcement officer may arrest someone due to “probable cause to believe that the person has been indicted for or convicted of one (1) or more aggravated felonies (as defined in 8 U.S.C. 1101(a)(43)).” But, Adams said, “aggravated felony” is a term of art, and difficult to define.

Joaquin said that arresting a person on those grounds would require police officers to make incredibly complicated determinations that even the U.S. Circuit Courts of Appeal often disagree about.

Mistaken identity

In 2007, an Illinois restaurant owner was detained for three days in a Lake County, Ind., jail, after a traffic stop. An officer ran the man’s name – Jose G. Gonzalez – and came up with a “hit.” But the match was for another Jose Gonzalez with the same birth date, but who lived in Georgia and bore no physical resemblance to the restaurateur.

angela adams Angela Adams is an associate for Lewis & Kappes, in Indianapolis, where she serves in the firm’s immigration group.

He was released with no access to his car, wallet, or phone, and was detained again a month later when police ran a check on his car and got the same hit for the other Gonzalez. In the case of Jose Guadalupe Gonzalez v. Lake County, Ind., et al., No. 2:09-CV-091, the plaintiff filed a federal suit seeking damages. The parties have reportedly reached a settlement agreement, which is scheduled to be finalized in June 2011.

Judge Salinas said he was unsure what identifiers police may have access to with regard to people wanted for immigration matters. “In my own family, there’s five Jose Salinases,” he said.

Indiana State Police 1st Sgt. Dave Bursten said no standard exists regarding the number or type of identifiers attached to any name wanted by authorities.

“Sometimes you have a name, aliases, dates of birth, no date of birth, Social Security numbers … the way a hit can come back, there can be minimal or very spot-on information,” he said.

Bursten said that if police initiate a traffic stop, certain factors may lead them to suspect someone is in the country illegally.

“If they don’t read, write, or speak the English language, that would raise suspicion,” he said. And if police suspect an immigration violation, he said, they call Immigrations and Custom Enforcement and wait for ICE to send someone to the scene, in much the way officers wait for K9 units to arrive when they suspect drugs may be hidden in a car.

When asked how long police can detain someone suspected of an immigration violation, Bursten said, “I don’t know if there’s an answer to that.”

An earlier incarnation of SEA 590 contained provisions for law enforcement to receive training under the ICE 287(g) program. Through the program, ICE instructors work with police over the course of four weeks at the Federal Law Enforcement Training Center ICE Academy in Charleston, S.C., in an effort to achieve consistency in immigration enforcement nationwide. That language was dropped, and no funding has been allocated for officer training.

“What we have to do from this point is digest what the law is and figure out how to enforce it,” Bursten said.

The burden of immigration reform

Sen. Phil Boots, R-Crawfordsville, said he believes that the federal government should be responsible for overhauling immigration reform. Adams agrees with him on that point. But Boots, co-author of SEA 590, said that the federal government hasn’t moved quickly enough on the issue.

“We just keep lobbying our legislators to do what they’re obligated to do,” he said. “So all we can do is to keep putting pressure on them to do this. Somewhere along the line, they’ll get the idea that states want this to happen.”

Boots said that his wife is from another country, “and we went through the whole vetting process to get her here.” He said his main concern is that other immigrants do the same and follow proper channels to be in the country legally.

“I’m happy that we’ve moved forward. It might be a baby step that we’re moving along in the enforcement of law in asking people to be here legally,” Boots said. “One of the only ways we can do that as a state is to deny them the jobs that we have here and make sure they go to those people that are here legally.”

SEA 590 demands accountability from employers, like mandating that businesses use the U.S. Department of Homeland Security’s E-Verify system to ensure new hires are authorized to work in Indiana.

Adams’ main complaint about SEA 590 is that it approaches immigration as a matter of enforcement and does not account for the human factor, like creating paths to citizenship for those who want to live here legally.

“The overall goal,” she said, “is to make people leave – and that’s happening already.”•

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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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