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Immigration law challenge moves forward in Northern District

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U.S. Magistrate Judge Andrew P. Rodovich in Hammond Tuesday granted the state’s unopposed motion to lift the stay of a lawsuit in the Northern District challenging portions of Indiana’s immigration law dealing with employment.

The Mexican American Legal Defense and Education Fund filed the suit on behalf of Union Benefica Mexican in December 2011 concerning Indiana Code 22-4-39.5 and 22-5-6. Those statutes deal with the verification of one’s eligibility to work in the U.S.

The suit, Union Benefica Mexican v. State of Indiana, et al., 2:11-CV-482, claims the immigration law passed in 2011 violates the Fourth and 11th amendments, the supremacy clause and the contracts clause. The lawsuit focuses on two sections of the new 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.

The case was put on hold pending the U.S. Supreme Court ruling in Arizona v. United States, 11-182. The justices issued their opinion June 25, and Indiana Attorney General Greg Zoeller filed the motion to lift stay and set deadlines in Union Benefica Mexicana Aug. 6.

The state has until Aug. 31 to respond to Union Benefica Mexicana’s motion for preliminary injunction. The plaintiff has until Sept. 14 to respond to the state’s filings.

Zoeller did concede as a result of Arizona that a warrantless arrest for a removal order, a notice of action, or the commission of an aggravated felony that would subject the arrestee to removal in Indiana is unconstitutional. That issue is part of a lawsuit brought in the Southern District by the American Civil Liberties Union of Indiana. Zoeller maintains that other challenged portions, such as the use of consular-issued identification cards, can survive despite the Arizona ruling.

The U.S. Supreme Court found certain portions of Arizona’s tough immigration law to be pre-empted by federal law, including the section that authorizes officers to arrest someone without a warrant whom the officer has probable cause to believe has committed any public offense that makes the person removable..

 

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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