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Tipsheet

Judge Blocks Parts of Indiana Immigration Law

Judge Blocks Parts of Indiana Immigration Law

In February, Indiana passed an illegal immigration bill that would allow local police to ask individuals for proof of citizenship after committing a crime.

A Senate panel heard more than four hours of testimony on a bill that Sen. Mike Delph, R-Carmel, the bill's author, said would "put teeth into existing law — to say the citizens of Indiana welcome legal immigration but adamantly reject illegal immigration."

It would do so in part by having law enforcement officers ask for proof of citizenship or legal immigration status from anyone they stop for violating any law or ordinance, if those officers have "reasonable suspicion" that the person is not here legally.

"The inability to speak the English language, I believe, will be a key component or a key factor for law enforcement to establish reasonable suspicion," Delph told the committee.

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Yesterday, thanks to the ACLU, a federal judge blocked important parts of the bill, citing immigration is a federal issue.

A federal judge blocked parts of Indiana's new immigration law Friday, saying the law was the latest failed effort of states to deal with a primarily federal issue.

U.S. District Judge Sarah Evans Barker granted a request for an injunction blocking two provisions of the law, which was approved this year by Republicans who control the Statehouse.

A federal judge blocked parts of Indiana's new immigration law Friday, saying the law was the latest failed effort of states to deal with a primarily federal issue.

U.S. District Judge Sarah Evans Barker granted a request for an injunction blocking two provisions of the law, which was approved this year by Republicans who control the Statehouse.

Barker wrote in the ruling that Indiana's law -- as well as laws enacted in several other states -- is an attempt to deal with what is seen as a failure of the federal government to deal with illegal immigration. She said the two provisions of Indiana's effort to deal with immigration "have proven to be seriously flawed and generally unsuccessful."

The American Civil Liberties Union of Indiana and the National Immigration Law Center sued the state in May.

"We are gratified that the court recognized that Indiana has no place in making immigration policy and we are happy that the constitutional rights of Indiana residents have been vindicated," said Ken Falk, an attorney with the ACLU of Indiana.

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According the the ACLU, illegal immigrants have Constitutional rights on the taxpayers dime at a rate of billions of dollars per year. Considering Arizona, Utah, Georgia, Indiana and Alabama have all passed legislation dealing with the illegal immigration issue on their own, with up to 20 states considering similar legislation, the ACLU is going to have its hands full.

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