Judge strikes down parts of Indiana immigration law

INDIANAPOLIS Fri Mar 29, 2013 3:55pm EDT

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INDIANAPOLIS (Reuters) - A federal judge has ruled sections of a 2011 Indiana immigration law unconstitutional, making permanent an injunction against a law inspired by Arizona's crackdown on illegal immigrants.

The state will forego an appeal on Thursday's ruling, Attorney General Greg Zoeller said on Friday.

The Indiana bill, signed into law by the previous governor, Mitch Daniels, permitted warrantless arrests of non-citizens and prohibited the use of consular IDs as forms of identification.

It was inspired by Arizona's law, known as S.B. 1070 that took over some aspects of immigration enforcement from the U.S. government.

The American Civil Liberties Union (ACLU), the National Immigration Law Center and law firm of Lewis & Kappes brought the class-action suit, contending Indiana's law allowed police to make warrantless arrests based on assumed immigration status and criminalized the usage of a consular identification card.

Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana said the law violated the Fourth Amendment because it permitted state and local authorities to "effect warrantless arrests for matters that are not crimes."

The rest of the law went unchallenged in this lawsuit and is not part of the judge's ruling.

The state would not appeal the decision although, Zoeller said in a statement, his office is defending a challenge to another section the law in the U.S. District Court for the Northern District of Indiana.

Last summer, Zoeller said the warrantless arrest aspects of the Indiana could not be defended following a U. S. Supreme Court decision on the Arizona immigration law.

Last June, the court struck down a warrantless arrest provision of the Arizona law and other aspects while upholding the Arizona law's most controversial aspect, a requirement that police check the immigration status of people they stop, even for the most minor of offenses.

Three state senators then filed motions to intervene in the case and Barker dismissed their motion.

Barker previously issued a preliminary injunction against the Indiana law so it never went into effect, according to Kelly Jones Sharp of the ACLU of Indiana.

(Editing by Daniel Trotta and Leslie Gevirtz)

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Comments (4)
Galactus999 wrote:
None of this would be needed if the Federal Government just did their job and enforced the United States immigration laws. Deport all illegal aliens, secure the border and fine anyone who hires an illegal alien. Why can’t the Federal Government just do their job?

Mar 29, 2013 4:49pm EDT  --  Report as abuse
Thomsonx1 wrote:
Judge Sarah Evans Barker, Your a first class idiot, Illegal aliens have broken the law by sneaking into our country, or are you one of those moron liberal Judges that are helping one of you buddy buddy in congress or Senate , THE PEOPLE HAVE VOTE ! Now its time to strike you and your friends in the New improve Socialist communist American Civil Liberties Union in NYC. Vote her out !

Mar 29, 2013 4:56pm EDT  --  Report as abuse
BAngel wrote:
Who will do the jobs you won’t? Do you know anyone who will pick the fruits and vegetables that fill our grocery stores? Who will clean the hotel rooms you stay in and build your barbeques and patios? There are jobs out there but Americans are unwilling to do them and consumers are unwilling to pay the higher wages Americans require for this tedious work.
We can never completely seal our borders or adopt the isolationist attitude you pine for. Everyone in the world wants the same things you want, an opportunity for a better life. For themselves, for their children, for the future. If you live in the world you owe the world the same opportunity you and your family received at some point from others that came before you. If not it leaves you small, hateful and selfish.

Mar 29, 2013 5:59pm EDT  --  Report as abuse
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