Lawsuit Over Ind. Immigration Law Heading to Court
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.