Photo: Rob Ketcherside (Flickr)
A federal judge in Indianapolis has struck down major parts of Indiana‘s 2011 immigration law. The move blocks the State of Indiana from using consular IDs and arresting people without warrants whose immigration status is in question.
Judge Sarah Evans Barker‘s ruling says those particular provisions of the law, which had not taken effect, violate due process.
ACLU Legal Director Ken Falk, whose organization filed challenges against Marion and Johnson county prosecutors on the law, says he considers the ruling a victory.
“You had police arresting people for things which are not crimes which is obviously a problem under the Fourth Amendment, which is probable cause when you get arrested and we had Indiana deciding it wanted to contradict what the U.S agreed to with foreign state and with treaties,” he says.
However, the ruling upheld the provision that penalizes employers for hiring illegal immigrants.
Indiana Attorney General Greg Zoeller represented the prosecutors, but not the state, in the appeal.
“Now that immigration enforcement is a federal government not a state responsibility, this case is at an end and the state will not appeal,” Zoeller said in a statement. “We are pleased that Judge Barker’s ruling has underscored and reiterated the responsibility of my office to defend state statutes as is our solemn obligation.”
U.S. Supreme Court recently issued a decision on a similar law in Arizona. Falk says he believes that ruling had some bearing on the Indiana case.