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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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