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Monday, June 20, 2011

Ind. Courts - "Federal court challenge of Ind. immigration law begins" [Updated twice]

Updating Friday's ILB entry, Heather Gillers of the Indianapolis Star posted this story at few minutes before the 2 pm start of today's hearing. The story begins:

The American Civil Liberties Union of Indiana is challenging Senate Enrolled Act 590 on two grounds. First, the ACLU argues, the state law's provision against using or accepting IDs issued by foreign consulates -- to open a bank account for example -- overrules international agreements. Second, the law empowers police to arrest people being questioned on immigration matters by federal authorities even if they have not been convicted of anything -- a violation, the ACLU says, of the constitutional prohibition against unreasonable searches and seizures.

"What Indiana is doing is involving itself in foreign affairs," said Ken Falk, legal director for the ACLU.

[Updated at 4:44 pm] Heather Gillers has now posted a story on the IndyStar site - some quotes:
A federal judge said she would rule by July 1 on a court challenge seeking to suspend parts of Indiana's newly passed immigration law.

U.S. District Court Judge Sarah Evans Barker presided over a two-hour hearing today on the challenge. She had several pointed questions for attorneys representing the state on how the law would be enforced.

[Updated again at 6:15 pm] Lesley Stedman Weidenbener of the Louisville Courier Journal has now posted a long and comprehensive story about today's hearing. Some quotes:
U.S. District Judge Sarah Evans Barker said she is taking arguments for and against the law under advisement but made clear she has significant concerns about its fairness and implementation.

In questioning an attorney representing the state, Barker said the law doesn’t say whether individuals arrested would have the same right as someone arrested for a crime, gives police significant discretion but little guidance about whom to arrest, and could lead police to arrest an illegal immigrant who simply applied for work documents.

“There are no restrictions in the statutes about how those powers would be executed in non-arbitrary and non-discriminatory ways,” Barker said.

Check it out.

Posted by Marcia Oddi on June 20, 2011 02:21 PM
Posted to Indiana Courts