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Northern District judge tosses challenge to Indiana immigration law

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A federal judge has dismissed a lawsuit challenging portions of Indiana’s immigration law passed in 2011.

Judge Jon DeGuilio of the U.S. District Court, Northern District of Indiana, ruled in an order Tuesday that an East Chicago nonprofit lacked standing to bring the suit against the state and numerous local and state elected officials, including sheriffs and prosecutors in Northwest Indiana.

The Mexican American Legal Defense and Education Fund filed the suit in December 2011 on behalf of Union Benefica Mexicana, a group providing cultural, educational and health programs to the Hispanic community and others in Northwest Indiana. The suit targets Indiana Code 22-4-39.5 and 22-5-6, statutes dealing with the verification of one’s eligibility to work in the U.S.

Union Benefica Mexicana v. State of Indiana, et al., 2:11-CV-482, claimed 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.

Indiana Attorney General Greg Zoeller said in a statement, “My office fulfilled its duty to aggressively defend the state statute the Legislature passed from two separate legal challenges while following the United States Supreme Court’s guidance. The federal court has vindicated our defense and thrown out the plaintiff’s challenge to the state statute.”

Zoeller previously said that as a result of the U.S. Supreme Court striking down warrantless arrest provisions of an Arizona law that were similar to those in Indiana’s statute, he would no longer defend those positions. Afterward, three state senators unsuccessfully sought to intervene to defend the statute in that lawsuit, which has been concluded.


 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

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