Illinois Public Media News
Civil rights groups claim a new Indiana law set to take effect July 1 gives police sweeping arrest powers against immigrants who haven't committed any crime. The state attorney general's office argues such fears are exaggerated and based on misunderstanding of the law.
U.S. District Judge Jane Magnus-Stinson is set to hear arguments from both sides Monday as she considers a lawsuit filed by the American Civil Liberties Union of Indiana and the National Immigration Law Center, which are seeking a preliminary injunction to stop the law from taking effect next month.
The groups aren't fighting all provisions of the wide-ranging law, which also takes away certain tax credits from employers who hire illegal immigrants. The main bone of contention is arrest powers.
The new law allows police to arrest immigrants under certain conditions, including if they face a removal order issued by an immigration court. The lawsuit filed last month, however, says some of the conditions are too broad, can apply widely to thousands of immigrants and violate the constitutional requirement of probable cause.
For example, the civil rights groups contend the law's wording would allow the arrest of anyone who has had a notice of action filed by immigration authorities, a formal paperwork step that affects virtually anyone applying to be in the U.S. for any reason.
"The statute authorizes Indiana police to arrest persons despite the fact that there is no probable cause that such persons have committed crimes," the groups argued in a brief filed this month.
The Indiana law also makes it illegal for immigrants to present ID cards issued by foreign consulates as proof of identification anywhere in the state outside of the consulate, such as for buying alcohol or applying for a bank account.
The lawsuit claims the state is trying to step into immigration issues that clearly are the province of the federal government. The suit, which seeks class-action status, was filed on behalf of two Mexicans and one Nigerian who live in the Indianapolis area.
ACLU attorney Ken Falk said Thursday that four countries - Mexico, Colombia, Brazil, El Salvador and Guatemala - plan to file briefs in the case. The move would not be unusual, Mexico and 10 other countries recently joined civil rights groups' legal fight against a tough new immigration law in Georgia and there have been similar filings in other states.
State attorneys argue claims about the law are speculative and based on an "irrational" and "absurd" interpretation. They note Indiana's law doesn't go as far as the Arizona measure, struck down on appeal, that included provisions to compel police to check the citizenship status of anyone who they had "reasonable suspicion" to believe is in the country illegally.
"Indiana's statute merely gives Indiana officers the discretion to assist federal enforcement of immigration laws. Indiana's statute does not purport to give Indiana any ability to participate in federal removal or deportation proceedings, nor does it allow Indiana to pass judgment concerning the removability of an individual," the state said in its brief filed Wednesday.
In a response filed Friday, the ACLU dismissed state arguments that the law would be used only in cases where people otherwise faced arrest, repeating its claim that the statute authorized arrest for offenses that aren't crimes in violation of the Fourth Amendment and impinged on federal immigration authority.
"Immigration is not a state concern," the brief flatly stated.
State immigration enforcement laws have not recently fared well in federal courts.
Arizona passed its law in 2010, but parts of were put on hold by a district court judge before it went into effect. That ruling was upheld in April by a three-judge panel of the 9th Circuit Court of Appeals, and last month Gov. Jan Brewer said she plans to appeal the rulings to the U.S. Supreme Court.
Last month, a Utah law giving police the authority to arrest anyone who cannot prove their citizenship was put on hold by a federal judge 14 hours after it went into effect. The next hearing is there scheduled in July.
Faced with waning revenue coupled with concerns over state funding, Decatur's United Way has set some new priorities.
The United Way earlier this month decided to eliminate two of its programs - First Call for Help and AFL-CIO Community Services. While both programs are important, the agency's executive director, Denise Smith, said those services were not meeting the greatest community need. The agency also concluded that its AFL-CIO Community Services program saw too narrow a focus through union workers and their families.
Smith said 90-percent of comments from the public supported those changes.
"As state funding and federal funding continues to dwindle, you know, United Way's importance is very strong in the community," Smith said. "So we hope to continue making it a better place for all of us to live, work, and play."
Before this month, Smith said the United Way had no full-time staff devoted solely to its campaign. Over the next five years, the agency will seek the help of a resource development professional, a grant writer, and an endowment director.
The last two positions will not rely on additional resources since the grant writer will be self supporting, and the endowment professional will be funded from the United Way's current endowment.
(With additional reporting from Illinois Public Radio)
The U.S. Justice Department is coming to the defense of Planned Parenthood of Indiana. The state's governor recently signed a law blocking federal money from going to the agency.
Late Thursday, the U.S. Justice Department jumped into the the ongoing legal dispute between Planned Parenthood and the State of Indiana. Planned Parenthood sued Indiana after Gov. Mitch Daniels signed a law last month blocking government funding.
The law is the first of its kind in the country and prevents federal money from going to agencies that perform abortions. That means Planned Parenthood of Indiana won't be getting $3 million.
In the Justice Department's court document, it writes that federal interests are at stake and the judge overseeing the case should block the law. An attorney for Planned Parenthood told The Associated Press that the filing caught him by surprise.
The judge has already said she plans to make her decision by July 1.
Illinois' Democratic U.S. senator is breaking with the White House on whether Congress must sign off on military action in Libya.
Senator Dick Durbin, usually a staunch supporter of the White House, said Friday that he isn't buying the argument that President Obama can launch military air strikes in Libya without congressional approval.
"Congress alone has the constitutional authority and responsibility to declare war," Durbin told reporters.
His comments come after the White House this week released a report to Congress arguing that the Obama administration does not need lawmakers' stamp of approval in order to continue air strikes with U.S. warplanes and unmanned drones in Libya. The battle between the branches has been brewing since March, when Mr. Obama authorized the attacks to weaken the regime of Libyan leader Moammar Qaddafi and prevent civilian casualties during an uprising in Libya.
On Wednesday, Republican Congressman Tim Johnson of Urbana joined a bipartisan group of lawmakers in filing a lawsuit against President Barack Obama for taking military action in Libya without Congressional approval. In the report released the same day, the White House maintained that U.S. forces are not facing the same "hostilities" as they would in a conventional war. The U.S. is now launching air strikes in a supporting role in the NATO-led mission in Libya, the report says.
But Durbin, the No. 2 Democrat in the Senate, said he disagreed with the White House's reading of the War Powers Act.
"The fact that we haven't had any Americans killed - no planes shot down - is not, from my point of view, what should determine the constitutional question," Durbin said, adding that he would vote to authorize U.S. action in Libya if it comes before Congress.
The White House is facing incredulity from some GOP lawmakers, such as Sen. John McCain of Arizona, and House Speaker John Boehner, who say the Obama administration's arguments don't reconcile with the reality of U.S. warplanes flying combat missions in a foreign nation. Boehner has even threatened to try and limit funding for Libyan operations in the House.
Some new livestock farms are cropping up in Illinois, but they're not the typical cattle or hog farms. Instead, more deer, bison, and llamas are growing up on private property. And one relative of the llama is growing up at over 50 farms statewide. As part of the series, "Life on Route 150," Illinois Public Media's Jeff Bossert visits three farms in Central Illinois to find out what makes the alpaca both appealing and profitable.
(Photo by Jeff Bossert/WILL)
The state of Illinois has announced that the deadline to register for group health insurance has been extended to Monday.
Most state and university employees could choose to stay on with their existing health care plans for the next three months. State officials announced Thursday that all HMOs and open access plans will stay in place for 90 days, with Humana being the only holdout. That means most current employees and retirees can stay with their current provider until October, with no further paperwork.
Meanwhile, Human Resources staff at the University of Illinois say the number of calls from employees about the application process has slowed considerably since the contract extensions were announced. U of I Associate Director of Human Resources Administration, Katie Ross, says the questions now are fairly simple, usually asking for primary care physician numbers and codes for an employee's preferred health plan.
And Ross says the Benefit Choice application web site got a boost of additional memory prior to the last time employees registered for health plans.
"It then underwent more testing and we're very confident in that performance," said Ross. "But this is a very unique situation that we're in where so many hits are going to be at the very last minute. We're watching carefully, and we have extra staff assigned."
In total, she says just over half the employees on the Urbana campus opted for a different health plan in the last few weeks. She says her office processed about 3,000 transactions Wednesday.
Things are also slowing down for Human Resources staff at Illinois State University. Khris Clevenger, the Assistant Vice President for Human Resources, says the school in Normal only recently implemented a web-based application process. She says 1,000 of 3,500 employees used the site Thursday with no problems logging on.
A pastor who was one of the original Freedom Riders and spent much of his life in Champaign-Urbana has died.
The Rev. Ben Elton Cox Sr. died Sunday in Jackson, Tenn. The 79-year-old Baptist minister had lived in Tennessee since 1998.
The News-Gazette reports that Cox was among the Freedom Riders who went to the South in the early 1960s to protest segregation. He was on a bus that was attacked in Anniston, Ala., in 1961 by white men with clubs and bricks.
Speaking on a panel with fellow Freedom Riders Ed Blankenheim and Hank Thomas in 2003 at the University of Illinois in Urbana, Cox said he got off easier than his fellow panelists. But he said that as an African-American, discrimination had been a constant part of his life, ever since he first learned about it at age four.
"You're looking at a man who's an ordained minister, preaching since I was 17", Cox told his audience. "I'm 72. And since I realized what segregation was at the age of four, I have never had one day of total freedom in the land of the free and the home of the brave. I've either been discriminated against, or heard about it or listened to other confessions about it. But yet, I love America. As far as I'm concerned, it's the greatest country on earth. If you find one better, call me collect."
Ben Cox Jr. says his father spoke little about his role in the Freedom Rides and the civil rights movement. The younger Cox believes his father wanted to shield him from the darker things he'd experienced.
Cox spent his teen years in Kankakee and lived much of his adult life in Champaign-Urbana.
(Photos courtesy of codepinkhq/flickr)
A federal judge in Chicago said Wednesday that he will approve a legal settlement allowing thousands of developmentally disabled Illinoisans to move out of institutions, and into smaller, community-based homes.
The agreement could end end six years of legal wrangling, paving the way for some 6,000 developmentally disabled Illinoisans to move out of the larger, institutional settings. Some advocates say those homes do not provide enough independence for some residents. Under a consent decree being considered by U.S. District Judge James F. Holderman, the state of Illinois would have to help developmentally disabled people find smaller homes if they choose to leave the larger institutions.
John Grossbart, the plantinffs' head lawyer, said the consent decree that's expected to be officially approved soon is good news for people who might thrive in a less institutional environment.
"When you wanna turn on the TV and turn off the TV, you can do so," Grossbart said after court Wednesday. "When you wanna get a glass of milk and have a snack at some peculiar time of day, you can do that. Start taking stuff like that away from yourself and see how you feel."
Grossbart said the lawsuit was necessary because Illinois has been dragging its feet when it comes to helping people move into smaller, more independent homes that advocates say let the disabled to grow and ineract more often with the community. As of 2009, only 38 percent of the state's developmentally disabled lived in such homes, according to the 2011 State of the States in Developmental Disabilities, a study by the Unverisity of Colorado that was partially funded by the federal government. That's compared to 75 percent nationwide.
"I'm happy," said Stanley Ligas, 43, the lead plaintiff in the case. "I'm ready to move. Hallelujah, I made it!"
Ligas currently lives in a larger group home setting and has a part-time job, he said. But he added that he's looking forward to being able to work full-time once he moves into a smaller home.
Advocates have launched several lawsuits in recent years aimed at giving Illinois' disabled population more housing options. Last fall, a federal judge approved a similar consent decree that allows for about 4,000 mentally ill Illinoisans to move out of institutions.
In a statement a spokeswoman for the Illinois Department of Human Services said the agency is pleased with the agreement.
"[It] will open up more community-based care options for people with disabilities who choose it," spokeswoman Januari Smith said. "We want to thank everyone who came together to put the needs of people with disabilities first. The department has worked hard to reach a settlement, and will continue to work diligently with all parties involved."
The settlement stipulates that the state must now help people who want to move out of the institutions to find new homes in the smaller, community care settings. The total cost of that placement depends on how many people want to move, Smith said, adding that average cost of a community setting for a full year is about $32,000.
Health Alliance Receives 90-Day Extension
Most state and university employees could choose to stay on with their existing health care plans for the next three months.
Illinois legislators are meeting with Governor Pat Quinn Thursday in hopes of winning his support for a gambling expansion bill.
Quinn has spoken out against the legislation -- approved last month-- which would add slot machines and five new casinos, including one in Danville.
Rather than give Quinn the chance to veto or change the package, either of which would likely kill it, legislators used a technical maneuver to keep it from going to the governor's desk.
Senate sponsor Terry Link (D-30th) said the hold gives him time to assuage the governor's concerns.
"Yeah, we will increase in size but you know we're not up there being another Las Vegas by any means," he said.
Link said he is open to talking with Quinn if the governor has any suggestions on how to downsize the measure. But said the casino set to go in his district near Waukegan would have to remain.
House sponsor Lou Lang (D-16th) will also be in on talks with Quinn.
"To the extent that I can accommodate the governor, I'm willing to listen to him. Willing to hear what he wants to do. But I'm not willing to state upfront that I'm prepared to shrink the bill down," Lang said.
However, Lang said he won't accept substantial changes.
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