MIAMI, FLORIDA - In May 2011 the state of Indiana attempted to put a halt to illegal immigration by passing their own set of immigration laws.
Several U.S. states including Tennessee, Arizona, Georgia, South Carolina, Utah and Alabama have passed legislation to crack down on illegal immigration. Indiana joins other states to push for guidance from the Supreme Court since Congress has failed to enact or enforce federal immigration laws.
"When the bill was first presented in Indiana, it was regarded as a "copycat" version of Arizona's strict immigration law," said Jonathan Bartell, a Florida immigration attorney. "While the final version is more in-tune with provisions that were already prevalent in the state, many still find it unconstitutional."
This is the final chapter in deportation lawyer Bartell's seven-part series focusing on immigration laws around the country. This article will focus on Indiana and its new immigration law.
Senate Bill 590
An Indiana state senator introduced SB 590 in February 2011 and for three months it underwent modifications before it was passed in May. Several lawsuits have emerged and federal judges have blocked key provisions of the law, which was to go in effect in July 2011.
•Local police officers are given the power to arrest any person who has a deportation order or Department of Homeland Security detainer, or a person they believe has been indicted for an aggravated felony.
•Require the use of only English in state government, public school and library documents, emails and automated telephone systems. People who are employed by the state, school or library system can only use English when dealing with the public.
•Businesses who hire illegal aliens could be penalized and shut down.
•Criminalizes the transportation, harboring or concealment of immigrants in the state.
•In-state tuition would be denied to undocumented immigrants and no financial aid, scholarships or grants would be given.
•Requires the use of the E-Verify system by state offices, schools, libraries and various businesses when new employees are hired.
•Makes it illegal for immigrants to use ID cards issued by foreign consulates as proof of identification.
"Opponents of this bill all agree that these provisions neglect the constitutional rights of residents and attempt to control areas that are federal, not state, concerns," said the criminal defense lawyer. "Indiana residents are also at risk of unlawful arrests without any suspicion of foul play, much less criminal activity."
As of December 2011, two federal judges blocked most of the law and the legislators who drafted the law are waiting for their turn in an appeals court, just like the states that attempted to pass similar laws before them.
"As a removal proceedings lawyer who has a vast amount of experience in dealing with illegal immigration, it is my duty to make legal and non-legal immigrants aware of their rights," said Jonathan Bartell. "We should be pushing the federal government to reform federal laws instead of dealing with it on a state-by-state basis. A lot of hardship is caused and a lot of time is wasted in the courtroom."
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