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Thursday, April 12, 2012

Ind. Law - "State asks federal judge to uphold Indiana immigration law "

Earlier this week AG Zoeller filed a response to a motion for summary judgment in the federal lawsuit challenging the Indiana immigration law enacted in 2011. In June of 2011, Judge Sarah Evans Barker granted a preliminary injunction - see ILB entry here from June 25, 2011. See this update from July 19, 2011.

Here is Charles Wilson's detailed AP story from yesterday, that begins:

INDIANAPOLIS (AP) — State attorneys say the ACLU is exaggerating the powers Indiana's new immigration law gives to local police in an effort to persuade a federal judge to throw out parts of the law.

In a brief filed this week in U.S. District Court in Indianapolis, the state attorney general's office argued the ACLU and other plaintiffs have mischaracterized the law and that its provisions "do not mandate that local law enforcement arrest persons in a willy-nilly fashion based on the mere suspicion that the person may not legally be in the United States." * * *

Judge Sarah Evans Barker granted an injunction last July blocking parts of the law from taking effect, and the plaintiffs are asking her to make the injunction permanent.

The ACLU has said the law's wording would allow the arrest of anyone who has had a notice of action filed by federal immigration authorities, a formal paperwork step that affects virtually anyone applying to be in the U.S. But the state claims that police could only arrest immigrants when they have documents showing the federal government has ordered them to be removed or detained, and the law allows officers to use discretion.

There is much more in the story.

Finally, here is the Indiana AG's 35-page brief, filed April 9, 2012, responding to plaintiffs' motion for summary judgment. And here is the plaintiffs' 35-page brief in support of their motion for summary judgment, filed Nov. 20, 2011.

Posted by Marcia Oddi on April 12, 2012 09:51 AM
Posted to Ind Fed D.Ct. Decisions | Indiana Law