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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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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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