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.•


  • 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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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