Immigration

Representation is imperative to due process for immigrants

September 24, 2014
Marilyn Odendahl
The cases involving immigrant children coming to the U.S. from Central America are creating more need for pro bono legal representation and are highlighting an area of asylum law that the courts struggle to clearly define.
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At new immigration clinic, 'We're all family'

August 20, 2014
 Associated Press
At its most basic level, Lafayette Urban Ministry's immigration services clinic is about family. That notion was in the forefront of Jefferson High School senior Devon Wolfe's mind as he designed the logo for the newly launched clinic.
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Church legal clinic gives immigrants place to turn

July 29, 2014
 Associated Press
The Bridge Community Church in Logansport recently opened Indiana's 13th nonprofit immigration clinic licensed through the U.S. Bureau of Immigration Appeals.
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7th Circuit: Ineffective assistance claim can’t challenge deportation

January 10, 2014
Dave Stafford
A legal permanent resident who argued pro se that ineffective assistance of legal counsel led to his deportation after he pleaded guilty to cocaine distribution failed to persuade the 7th Circuit Court of Appeals to reinstate his claim that was dismissed by a federal court.
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Legal aid group, IndyBar, church to join for refugee Green Card effort

October 8, 2013
IL Staff
About 70 refugees from at least seven nations are expected to receive free legal help this weekend thanks to efforts of the Neighborhood Christian Legal Clinic, the Indianapolis Bar Association, Grace Community Church and other volunteers.
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Northern District judge tosses challenge to Indiana immigration law

August 15, 2013
Marilyn Odendahl
A federal judge has dismissed a lawsuit challenging portions of Indiana’s immigration law passed in 2011.
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Mandatory use of E-Verify could bring new headaches for US companies

August 14, 2013
Marilyn Odendahl
The red hot economy of the 1990s demanded a steady supply of unskilled and semi-skilled labor, a demand that was often filled with undocumented workers. Cities across the Midwest openly welcomed these individuals. Companies, trying to feed an insatiable appetite for workers, were placing help-wanted ads in newspapers in other states.
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Denial of post-conviction relief upheld by COA

May 10, 2013
Jennifer Nelson
Even if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t prejudiced because the trial court explained those consequences.
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Law students provide vital help to immigrants

April 24, 2013
Marilyn Odendahl
Law professors involved with immigration clinics agree that a change in the national immigration law could create more work for the clinics, especially if undocumented workers currently in the country had a path to citizenship.
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Indiana among 35 states urging federal immigration reform

April 10, 2013
IL Staff
Indiana Attorney General Greg Zoeller joined a bipartisan group of 35 state and district attorneys general who Tuesday sent a letter to Republican and Democratic leaders in Congress urging federal immigration reform.
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Judge: State can’t enforce 2 parts of immigration law

March 29, 2013
Jennifer Nelson
U.S. Judge Sarah Evans Barker has ruled that the state can’t enforce two sections of the Indiana law dealing with immigration: one dealing with arrests and one dealing with the use of consular identification cards for identification.
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Man facing deportation loses 2 appeals

February 18, 2013
Jennifer Nelson
A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.
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Bill enabling legislators to fight for immigration law in court gets hearing

February 12, 2013
Dave Stafford
State senators who are fighting to go to court to defend parts of Indiana’s immigration law – a law that Attorney General Greg Zoeller concluded could not withstand constitutional scrutiny – will hear a bill Wednesday that would give them the power to defend their measures in such cases.
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Immigration cases dominate federal system, report says

December 3, 2012
IL Staff
Immigration prosecutions have surpassed those for drug crimes in federal courts, according to data released by the U.S. Sentencing Commission in its Overview of Federal Criminal Cases for Fiscal Year 2011.
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Restaurant owners accused of harboring illegal immigrants, mail fraud

November 30, 2012
Dave Stafford
An Illinois couple has been indicted in federal court on charges that include harboring illegal immigrants at a restaurant they operate in northwestern Indiana.
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Zoeller, senators at odds over immigration law

September 26, 2012
Dave Stafford
Indiana lawmakers seek to intervene with aid of Kansas official Kris Kobach.
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Judges advise defense attorneys to ask clients about citizenship

September 14, 2012
Jennifer Nelson
The Indiana Court of Appeals used its decision on a post-conviction relief appeal to “encourage” criminal defense attorneys to find out the citizenship of their clients and advise the clients as to the risks of deportation after pleading guilty.
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Immigration law challenge moves forward in Northern District

August 15, 2012
IL Staff
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.
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Rehearings - 8/17/12

August 15, 2012
Dave Stafford
Updates on Indiana's immigration law and the former Merrillville doctor facing hundreds of malpractice suits and other charges.
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Man unable to show prejudice by attorney’s lack of deportation advisement

August 7, 2012
Jennifer Nelson
A Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s failure to advise him that automatic deportation is a consequence of his guilty plea.
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Zoeller: Parts of immigration law can't stand

July 31, 2012
Dave Stafford
Indiana Attorney General Greg Zoeller said Tuesday a recent U.S. Supreme Court decision that struck down most of a tough Arizona law will impact a similar immigration law signed by Gov. Mitch Daniels in 2011.
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Indiana's immigration law reeling

July 4, 2012
Dave Stafford
Attorneys say the U.S. Supreme Court ruling in Arizona case likely dooms parts of Indiana's law.
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SCOTUS rules on immigration case, life sentences for juveniles

June 25, 2012
Jennifer Nelson
The U.S. Supreme Court Monday affirmed in part and reversed in part Arizona’s controversial immigration law. The justices also found that a life sentence without possibility of parole for juveniles violates the Eighth Amendment.
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Law students help gain political asylum for clients

June 14, 2012
IL Staff
Three immigration clinic students from Indiana University Robert H. McKinney School of Law have won political asylum for two people – a young woman who fled to the United States after being subjected to female genital mutilation and a young man who feared persecution in Zimbabwe because of his HIV status.
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Proposals would add visas for STEM workers

June 6, 2012
Dave Stafford
Highly skilled immigrants are the focus of 2 bills introduced in Congress.
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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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