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New suit filed protesting immigration law

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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.•
 

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  • 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.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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