Officials weigh-in on ACLU immigration lawsuit

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The governor has no comment on a class-action lawsuit filed Wednesday regarding Senate Enrolled Act 590, said Jane Jankowski, spokeswoman for Gov. Mitch Daniels. The suit – filed by the American Civil Liberties Union of Indiana – aims to prevent two components of the immigration legislation from becoming law on July 1.

Mike Delph, author of the legislation, released a statement regarding the suit on his legislative website that said, “Though I have not had the opportunity to review the specifics of the filing, it appears the ACLU has filed a lawsuit against citizens of Indiana in favor of illegal immigrants. This is not surprising given their very liberal leanings. What is equally unsurprising is their team of immigration attorneys that continue to profit financially off the backs of this captive market. …”

In the complaint filed in the U.S. District Court’s Southern District of Indiana, attorneys contend SEA 590’s language that authorizes police to arrest someone who has been issued a detainer or notice of action by the U.S. Department of Homeland Security will result in people being wrongfully detained.

A notice of action, the lawsuit explains, is simply a general administrative response issued by DHS: “Often it is in response to an application by an alien, for example, an application for an immigrant or nonimmigrant visa, refugee status, or even an application for naturalization to become a U.S. citizen.”

The law also penalizes people for offering or accepting consular identification cards (CIDs) as a means of valid identification. On its website Wednesday, The Mexican Embassy to the United States said that the language concerning CIDs is contrary to the Vienna Convention on Consular Relations.

In a statement issued Wednesday by the National Immigration Law Center, General Counsel Linton Joaquin said, “By cutting off the use of secure foreign photo identification, the law has effectively denied foreign visitors, scholars and immigrants in general the ability to engage in important commercial activity. These secure forms of official identification in a wide variety of settings are vital to both immigrants and society.”

Indiana Attorney General Greg Zoeller’s office issued a statement saying Zoeller will “defend the new law passed by the Indiana General Assembly as is my obligation.”

In a U.S. Supreme Court ruling Thursday, the court upheld an Arizona law penalizing business owners for hiring illegal immigrants. In Chamber of Commerce of the United States of America v. Whiting, No. 09-115, Justices Sonia Sotomayor, Ruth Bader Ginsburg, and Stephen Breyer dissented from the majority opinion, and Justice Elena Kagan did not consider the case.

For more on Indiana’s new immigration laws, see the June 8 edition of Indiana Lawyer.


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

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...