A liberal US federal judge has struck down an Indiana anti-illegal immigration law as a drive to grant what in reality will be amnesty to over ten million illegal immigrants in America picks up speed.
US District Court Judge Sarah Evans Barker agreed with American Civil Liberties Union lawyers that Indiana’s law, known as SEA 590, was in conflict with the Fourth Amendment to the Constitution.
The Fourth Amendment is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.
Indiana’s law allowed police to arrest a person who had a removal order from an immigration court, a detainer or notice of action from immigration officials, or who had been previously indicted or convicted of an aggravated felony.
The argument hinged, therefore, upon whether the enforcing officer carrying out the arrest needed a warrant or if the warrant was already implicit in the previous court order against the suspect.
In her judgment, Barker said the law authorized arrested “for matters that are not crimes” and were thus in contradiction to the Fourth Amendment.
It is unclear how she reached this decision, as illegal immigration is clearly a crime under Title 8 Section 1325 of the US Code, which is titled “Improper Entry by Alien” and which reads that any citizen of any country other than the United States who:
* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
* Eludes examination or inspection by immigration officers; or
* Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;
has committed a federal crime.”
The law even specifies punishments as follows: “Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.”
The Indiana law also barred the use of matriculas, or Mexican consular identification cards. Those cards are commonly used by illegal immigrants to open bank accounts and as identification when dealing with law enforcement.
By singling out the use of consular identification cards from other IDs, Barker said the law “appears to have been designed simply to target foreign nationals,” Barker wrote.
Meanwhile, labor and business leaders have agreed to a plan for setting wages for low-skilled immigrant workers. Senators under Charles Schumer (D-NY) are reviewing the compromise, worked out Friday by representatives from the US Chamber of Commerce and the AFL-CIO.
The breakthrough makes it likely that a bill which will “offer a path to citizenship” for the millions of illegal immigrants will be put to Congress soon after it returns from a two-week recess on April 8.
The Republican Party has now fully climbed on board the immigration reform bandwagon in the hope of winning some Hispanic votes. There is however no hope that such a move will benefit the Republicans, who are (largely correctly) perceived as the party of white Americans.
Instead, the legalized status of millions of Mexicans and others will only boost—beyond return—the numbers of nonwhites in America and quicken the extinction of the European founding heritage of that nation.