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Students receive diverted sentences following protest in governor's office

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Indiana Lawyer Rehearing

On June 14, five undocumented immigrant students received diverted sentences for criminal trespass charges stemming from an incident in May.

Omar Gama and four other students were arrested on May 9 during a protest at the Indiana Statehouse when they refused to leave Gov. Mitch Daniels' office. Wearing caps and gowns, the students joined arms and sat in a circle, waiting to ask the governor to veto two immigration bills enacted by the 2011 Legislature — House Enrolled Act 1402 and Senate Enrolled Act 590. Daniels signed both, and the new laws will take effect July 1.

Marco Moreno, a Lewis & Kappes attorney representing the students, said the court ordered each student to complete 24 hours of community service within the next two weeks, and if they fulfill that requirement, the cases will be dismissed. Moreno said the order should be manageable for the students who already participate in community service.

Gama, a 20-year-old undocumented immigrant who has lived in the United States since age 11, will begin his junior year this fall at Indiana University, where he is president of the School of Public and Environmental Affairs Undergraduate Student Association. As a result of changes made by HEA 1402 – now Public Law 209 – if he were to attend full-time, his annual tuition would increase nearly threefold.

Increasingly, Gama and other undocumented immigrant students have been making their presence known in an effort to draw attention to the federal DREAM Act, which if passed by Congress, could allow them to become citizens by attending college or serving in the military.

“As a group and as a movement, we’ve seen young people working towards DREAM for 10 years now,” said Kathy Souchet-Mourda, a board member with the Latino/a Youth Collective.

Having waited half their lives for an opportunity to become citizens, they are putting themselves at great risk, she said, in order to make a stand.

“These are young people who are coming out of the shadows,” she said. They are students who have grown up, she explained, afraid of what might happen to them as undocumented immigrants. But now, “They’re owning that status – being proud of who they are – as students, as young people, as contributors to their society,” Souchet-Mourda said.
 

IL rehearing "Students push for immigration reform" IL May 25-June 7, 2011

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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