Massachusetts Immigration Lawyer Discusses Indiana's Immigration Law

In an effort to crack down on illegal immigration in other areas of the country, several states including Arizona, Utah, Georgia, Tennessee, South Carolina and Alabama have passed similar legislation.

These states are banning together to push for direction from the Supreme Court, as Congress has recently failed to pass federal immigration legislation.

"Indiana's bill was initially known as the Arizona "copycat," said Jonathan Bartell, a Massachusetts immigration lawyer. "Even with revisions to reflect laws already enacted in the state, many people still find it to be breeching unconstitutional lines."

In the final part of business immigration lawyer Bartell's seven-part series concentrating on each states' immigration laws, he will discuss Indiana's new laws.

Senate Bill 590
In February 2011 an Indiana state senator presented SB 590 and for three months it was subjected to many changes until it was passed in May. Numerous lawsuits have come about and several federal judges have blocked the law, which was to take effect that July. • Companies that employ illegal workers could be fined and shut down. • In-state tuition would not be available to illegal aliens and no financial aid, scholarships or grants would be awarded. • Local police authorities would be allowed to arrest any person who has a deportation order or Department of Homeland Security detainer, or a person they believe to have been indicted for an aggravated felony.

• The use of ID cards issued by foreign consulates would be illegal for immigrants to show as proof of identification. • Requires state offices, schools, libraries and various businesses to use the E-Verify system to check the status of current and new employees. • Makes it a crime to harbor, conceal or transport illegal aliens in the state. • English would be the only language allowed in state government, public school and library documents, automated telephones and emails. Employees of those departments can only speak English when dealing with the public.

"This law is trying to control issues that are federal, not state, concerns and they are neglecting the constitutional rights of residents," the felony defense lawyer said. "Arrests would be allowed to be made with or without any suspicion of foul play, which puts legal and non-legal residents at risk for discrimination."

Like the states that attempted to pass similar laws before them, Indiana legislators now are waiting in line for an appeals court to hear their case after two federal judges blocked most of the law.

"States should be waiting for direction from the federal government before passing their own laws," said the employment visas expert. "A lot of time and money is being wasted and residents of these seven states are hiding in fear of being arrested on suspicion of being illegal."

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Jonathan A. Bartell, a Cleveland immigration lawyer, offers 24-hour counsel for immigration/deportation issues at satellite offices throughout the US.

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