ILNews

New suit filed protesting immigration law

Back to TopCommentsE-mailPrintBookmark and Share

The Mexican American Legal Defense and Education Fund has filed a lawsuit on behalf of La Union Benefica Mexicana, a nonprofit organization in East Chicago, protesting two previously unchallenged portions of Indiana’s new immigration law.

In June 2011, U.S. District Judge Sarah Evans Barker blocked two other provisions of Public Law 171 – which originated as Senate Bill 590.

The MALDEF complaint, filed Dec. 20, claims that La Union Benefica Mexicana has had to divert resources to educating people about the possible implications of Public Law 171, specifically Indiana Code 22-4-39.5 and 22-5-6. Both concern the verification of a person’s eligibility to work in the United States. Indiana Code 22-5-6-4 states that anyone who enforces employment law and has probable cause to believe that a person has violated requirements for day labor shall file a complaint with U.S. Immigration and Customs Enforcement.

Thomas A. Saenz, MALDEF president and general counsel, said in a statement: “Our Constitution permits only one government – the federal government – to regulate immigration, and the federal government has enacted comprehensive laws regulating the employment of immigrants. By seeking to independently punish workers and employers, SB 590 runs afoul of that basic constitutional principle.”

In May 2011, the National Immigration Law Center, American Civil Liberties Union of Indiana and the national ACLU Foundation Immigrants’ Rights Project filed a class-action lawsuit challenging portions of the law that would allow police to conduct warrantless arrests and would penalize immigrants for using their consular identification cards.

That complaint resulted in Barker’s declaration that those two portions of the law were unenforceable. Indiana Attorney General Greg Zoeller filed a motion Dec. 21 asking the court to temporarily halt proceedings in Buquer, et al. v. City of Indianapolis, et al., No. 1:2011-CV-00708, the class-action complaint filed last May. Zoeller made the request because the Supreme Court of the United States has agreed to hear a challenge to Arizona’s immigration law, and the resulting opinion will clarify what states’ roles are in enforcing immigration laws, Zoeller said in a statement.•
 

ADVERTISEMENT

  • diverting resources?
    I dont understand that harm that supposedly makes this entity a legit challenger. They have to "divert resources?" how about all the resources that are diverted by illegal immigration.

    Also I do not think that is any kind of accurate statement of the law. From day one of government class we learned that state governments had plenary powers and the federal one limited. Enforcement of immigration status has always been legitimately done by states as well as federal. They immigration advocates are trying to change the law on this by repeating themselves loudly and often.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  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.

ADVERTISEMENT