Judge Blocks 2 Key Provisions Ind. Immigration Law.

[elleng]

Source: nyt/ap

A federal judge has permanently blocked Indiana from enforcing two key provisions of the state's immigration law.

U.S. District Judge Sarah Evans Barker had granted a temporary injunction in June 2011 barring the law from taking effect while she weighed its constitutionality.

In Friday's ruling, Barker permanently blocked the state from enforcing a provision enabling police to make warrantless arrests based on certain common immigration documents. Her ruling says that provision is unconstitutional.

Barker also permanently blocked a provision that would have prevented businesses and others from accepting consular ID cards as a valid form of identification. Her ruling says that provision is pre-empted by federal law.


Read more: http://www.nytimes.com/aponline/2013/03/29/us/ap-us-immigration-indiana.html?hp&_r=0

[WilmywoodNCparalegal]

1. Consular ID cards

are not acceptable forms of documentation for I-9 purposes. The I-9 is required of all new hired employees and it's a federal requirement. Consular ID cards are not acceptable for the I-9. I don't see why the state should deem them acceptable, contrary to federal law.

As to the warrantless arrests issue, police are not and should not be immigration officers. There are hundreds of ways a person can be lawfully present in the U.S. There are hundreds of documents and - even more confusing - visa stamps, USCIS stamps, border stamps, etc. that allow lawful presence. Even immigration officers are sometimes unaware of the multitude of visas, stamps, permissions, paroles, etc. out there.