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Indiana legislators want to defend immigration law

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Three state senators say Indiana's attorney general effectively nullified their votes when he opted not to defend sections of a state immigration law he said were rendered invalid when the U.S. Supreme Court struck down similar sections of an Arizona law.

Republican Senators Mike Delph, Brent Steele and Phil Boots submitted documents Wednesday in U.S. District Court asking Judge Sarah Evans Barker to allow them to defend the parts of the law the attorney general wouldn't.

The attorney general's office said in July it would recommend that Barker strike down most of the portions of the Indiana law that enable police to make warrantless arrests based on certain common immigration documents. It said the high court ruling in June rendered those sections of the Indiana law invalid. Barker already had issued a decision barring the 2011 law from taking effect until she could decide its constitutionality.

The attorney general's office said it would still seek to keep the power to arrest immigrants for whom a 48-hour detention order has been issued.

The senators, who are represented by lawyers from the Immigration Reform Law Institute in Washington, argue in the 16-page motion that the warrantless arrest provisions in the two states' laws are "vastly different." The document claims the Indiana law allows such arrests only in three specific situations that require input from the federal government, unlike the broader powers granted police by the Arizona law. They argue that Indiana's law is consistent with the Supreme Court's Arizona decision.

In the document, the senators, who authored the immigration bill, say they have a right to intervene as defendants because even though the Legislature passed it, the law won't be allowed to take effect if it isn't defended. That effectively robs the lawmakers of their vote, they argue.

Ken Falk, legal director of the American Civil Liberties Union of Indiana, said the civil rights group would oppose letting the senators enter the case.

"We do not believe there is any merit to the intervention request by the three legislators and believe that this further attempt to defend an unconstitutional and misguided law will lead to additional fees and expenses to be borne by the taxpayers of the State of Indiana," Falk said in an email Wednesday.

Attorney general's office spokesman Bryan Corbin said the office respected the senators' views but believed it was the state's sole representative in legal challenges by law and had "vigorously defended" the immigration law until the Supreme Court ruling.

"Now that the U.S. Supreme Court has ruled that warrantless arrest provisions of such laws are unconstitutional, we had a duty to notify the federal court while continuing to defend the portions of the law that are defensible," Corbin said in an email. "It is up to the court as to whether to allow others to intervene at this point."

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  • My experiences.
    Hi, I'd like to share my experience. Almost every day I have to show some form of legal identification, whether I use a credit card, pick up a prescription, go to the bank, when I get pulled over (yes I have been pulled over because I forgot to renew my registration, and I was asked after this if I was in the country legally), etc. I benefited from a law firm and suggest to visit them.
  • Amen...Scary
    I'm with JTB...kind of interesting that amyone would label this a "white" country...might want to ask the Indians how they feel about that...I think they were here first. As I recall, white men sailed the ships that brought the first Black people here, but that was a long time after we ran the Indians out of what we thought was the good part of the country...and of course, Mexico is actually part of the North American continent, so those folks were actually "here" before the Caucasians were too. I don't really care if you review or take the post down or not...there are lots of people all over the place that ignore any fact, historical or otherwise, that conflicts with their viewpoint...but it is interesting, and maybe frightening, to see the vigor and venom with which this particular view is presented. Typical of the political dialogue these days..."don't confuse me with facts or the truth". The tone of almost all political discourse these days is discouraging.
  • Scary
    To the reviewers of this comments page --- so I see where you have the right to remove any post that you feel is obscene, profane, vulgar, racist, sexually explicit, abusive or hateful. I would think the first post here would be a good candidate for removal because it covers about 80% of those types of comments (not to mention that it is largely non-legible as well).

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  1. liek the rest of America

  2. These quaint,obsessed musings by the stalkers are certainly entertaining, but I'm trying to figure out what, if anything, all the yelping below has to do with Zak Brown.

  3. It's evident that Moffett was pushing the right buttons and corporate America is now trying to squash him. He just wanted to withdraw the free pilot services provided to the company by the pilots to try and put some pressure on a company that has not been interested in negotiating a contract in over 5 years. The company does not provide a contract because not having one has saved them a bundle of money. Shame on any Republic pilots not standing behind their union leader just because things are getting tough, can you not see such strategic moves by the company as putting the last union president in a corporate position and into THEIR pocket. Do you really believe the last union president is so appalled at the attempts by Moffett, do you not remember his oppositions to the company? We stood behind him. It has been proven over and over again for thousands of years without fail, a man cannot serve two masters. Anyone that believes people vote contrary to their paycheck and livelihood deserve to be taken advantage of, the recent statements by the former union president are laughable as he denounces the current union president from his new corporate position. Have you ever seen a drafted sports player score points for his previous team, it cannot be done, he is not on the pilots side anymore, he gets his money a different way now than you and I do, and he should not be allowed to remain on the seniority list. A drafted player brings strength, credibility, tactical knowledge, and a strategic advantage to his NEW team, he would not be drafted or paid were it otherwise. We are all forced to choose only one side to play for and support, not doing so has many references in life such as insider trading and shaving points, all illegal for good reason. This basic fact is why corporate moguls, scientist, and engineers all sign non-discloser agreements and non-compete clauses, as protection in case they are lured into switching sides as our former union president has done. No NFL coach ever drafted a player so that both teams could benefit and better understand each other, they are recruited to win the game against that former team, period. Likewise the company does not recruit the former union president by accident or mutual understanding, its strategy. Don't confuse playing the game with good sportsman-like conduct in support of common business and prosperity goals, with the requirement to only play for one side. Good men we all love and favor fall subject to this manipulation, often without their knowledge, and it is not a betrayal of their friendship to oppose them when they switch sides. If we did not love and trust them, they would not have been chosen and lured to the other side in the first place. The deception by the drafted player is not made at a conscious level, it's just human nature and it's all about money and power which corrupts our ability to be objective and loyal to two masters. This is why our court system created the defense attorney, and why our military created counter intelligence. Its strategy and its propaganda, and it works, and that's why the "powers to be" manipulate the chess pieces by sometimes changing their colors. Some players know they are being manipulated when their color is changed, but it brings them more money and power so they do not care. The rest have good intentions but do not even realize they are being manipulated. This tactic is also known by another name, Divide and Conquer. In battle sending an imperfect message with an imperfect team is obviously not ideal, but it's still being sent by YOUR team, your union leader, a leader that has common goals and common rewards with you, they are the best, because we have elected them to do a job for us. If you are not backing Moffett but believing the spin by those that have recently switched sides, you are taking food out of your own mouth. Showing unity and backing an imperfect situation still results in taking just as much ground, it's about unity and bargaining power. It's not necessary to wait around for that perfect attack because it will never come, the company will spin and attempt to destroy anyone that gets in their way. Ultimately it's not about any specific attack anyway, ASAP or whatever it makes no difference, it is and always has been only about power. If this company cared about safety it would not build pairings with 8 hour overnights, come on, are you that naive? Besides, do you really think Hoffa cares, no, he got a call from corporate America and was squeezed into denouncing Moffett. If he didn't they would spin the safety card against him and the Teamsters National with implication for truckers, future contracts, insurance rates etc...saying something like the Teamsters use safety as a bargaining chip, blah blah blah... Do you really think any pilot is going to do something unsafe for the contract, absolutely not, the only ones threatening safety here is the company with reduced rest, fatigue, and poverty. Do you not find it odd that Hoffa and the Teamsters are opposing a Teamster president publicly? Would the Teamsters National not normally support and work with one of their own? Why did they not sit down and help him strategize, correct any mistakes, and charge ahead? Would the Teamsters National not normally support and leverage a contract for all those pilots that have been paying Teamster dues, isn't that why we have all been paying Teamster dues in the first place? I sure haven't been paying dues so that the Teamsters National could come along and write this kind of an article undercutting our union leader and our unity. Whose side is the Teamsters National really on, it's obviously not the Republic pilots side.

  4. No matter what Moffatt does the company is going to spin it like he is the terrorist and brainwash people like you into believing it, wake up, back your players that are trying to change things for you and your livelihood. Where has Hoffa been for the last 6 years, except collecting our dues. Seriously, do you really think an FO going for upgrade, signed off by a checkairman ready for the upgrade, who then fails, is not even capable of returning as a First Officer.

  5. whoa!

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