Zoeller: Parts of immigration law can't stand

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Indiana Attorney General Greg Zoeller said Tuesday a recent U.S. Supreme Court decision that struck down most of a tough Arizona law will impact a similar immigration law signed by Gov. Mitch Daniels in 2011.

“Certain portions of the state law cannot stand,” Zoeller said in a statement announcing that provisions of SEA 590 allowing warrantless arrests cannot be defended.

Zoeller filed a brief to that effect in an ACLU case, Buquer v. Indianapolis, 1:11-CV-0708, in U.S. District Court for the Southern District of Indiana.

“… the Attorney General recognizes the constitutional infirmities inherent in a warrantless arrest for a removal order, a notice of action, or the commission of an aggravated felony that would subject the arrestee to removal,” Zoeller wrote in the brief. “The Attorney General will submit the issue to the Court with the recommendation that a warrantless arrest under those circumstances is unconstitutional.”

The ACLU suit also challenged SEA 590’s criminalization of the use of consular-issued identification cards. Zoeller said an inference from Arizona, et al. v. United States, 11-182, that this portion of the law should be struck down was an improper reading of the SCOTUS decision.

“While the use of consular identification cards was not addressed in Arizona, (the state recognizes) the substantial questions about how far the Indiana legislature may go to criminalize purely private behavior … and how far the pre-emption doctrine can go toward defining what identification a State may recognize as valid for public and governmental purposes,” Zoeller wrote in the filing, leaving the question open for the court.

“The Supreme Court made clear that immigration enforcement is a federal government responsibility. States are frustrated by the unwillingness of the executive branch to enforce current immigration laws and inability of Congress to make reforms. As Indiana’s Attorney General, I had an obligation to defend this Indiana statute passed prior to the recent Arizona decision, but I have sworn to uphold the Constitution and my legal conclusion now is that certain portions of the state law cannot stand,” Zoeller said.

Zoeller also is defending the law in another case, Union Benefica Mexicana v. State, 2:11-CV-00482, in the U.S. District Court for the Northern District of Indiana, which challenges the law’s restrictions on employees and employers. The suit challenges two sections of the 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.

In his statement, Zoeller said he will continue to defend that case in light of the Arizona ruling, but no brief has been filed in that matter because the case has been stayed.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.