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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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