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Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com


Thursday, December 22, 2011

New Challenge Filed Over Indiana Immigration Law

Associated Press-Indiana: A Hispanic advocacy group from northwestern Indiana has launched a second legal challenge to the immigration law approved by the General Assembly this year.

East Chicago-based Union Benefica Mexicana filed the lawsuit Tuesday in U.S. District Court in Hammond, claiming portions of the law are unconstitutional. A federal judge has blocked parts of the law from taking effect after a similar suit was filed by the American Civil Liberties Union of Indiana.

Attorney General Greg Zoeller said his office wants to postpone action on both lawsuits until after the U.S. Supreme Court considers the challenge to Arizona's immigration law.

"Indiana will join with other states in seeking a ruling from the Supreme Court that will provide some guidance to states on immigration, since Congress has thus far failed to enact or enforce federal immigration policies," Zoeller told The Times of Munster.

Opponents contend the Indiana law gives police officers sweeping arrest powers against immigrants who haven't committed crimes.

A federal judge in Indianapolis who heard the ACLU's challenge in June blocked a provision in the state law allowing the arrest of anyone who has had a notice of action filed by immigration authorities, a formal step that affects virtually anyone applying to be in the United States for any reason.

Another provision that the judge blocked makes it illegal for immigrants to use ID cards issued by foreign consulates as proof of identification.

Union Benefica Mexicana, which provides cultural, educational and health programs, argues in its lawsuit that creating a state immigration system "encroaches on the federal government's exclusive power to regulate immigration, and will lead to erroneous determinations by state and local officials of an individual's immigration status."

The group also claims that it has had to divert resources to assist people affected by the new law and that it deters some from seeking legal immigrant status because local police officers will continue to stop and detain them anyway.

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