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Wednesday, September 10, 2008

Ind. Law - "Indiana legislators tackle illegal immigration again"

Niki Kelly reports today in the Fort Wayne Journal Gazette under the headline "Legal minds at odds over immigration edicts." The story begins:

If lawmakers considering whether Indiana should wade into the murky area of immigration law were looking for clarity Tuesday, they didn’t get it.

Several law professors from around the state gave conflicting advice to a panel of House and Senate members studying the issue.

One advised against moving forward at all, another said to wait for a crucial court ruling, and a third said he would bet that some state action on immigration would eventually be found legal.

In the 2008 legislative session, lawmakers failed to come together on a proposed law that would punish businesses that hire illegal immigrants. Instead, the topic was moved to a summer study committee where Republican and Democratic lawmakers hope to learn more about the intricacies of the issue.

Tuesday was the first of five scheduled hearings – this one focusing on the legalities of whether states are limited in taking action on immigration because the federal government has supreme authority over the matter.

Dan McFeely of the Indianapolis Star writes:
Illegal immigration is expected to return as a hot topic at the Statehouse next year. State Sen. Mike Delph, R-Carmel, has vowed to reintroduce legislation that would crack down on employers who knowingly hire illegal workers.

The Democrat-controlled House and Republican-ruled Senate passed different versions of Delph's bill last session but could not reach a compromise.

The Interim Study Committee on Immigration Issues, comprising House and Senate members from both parties, is taking a deeper look at the issue to see whether it can reach consensus before the start of the 2009 session in January. * * *

How to deal with those here illegally has been hotly debated between forces who see the illegal population as a drain on taxpayer dollars -- for education, social welfare and law enforcement expenses -- and those such as Indiana's manufacturers and businesses, which see them as a much-needed source of labor. * * *

Tuesday's Statehouse hearing drew business lobbyists, those who advocate on behalf of Hispanics and at least one Catholic priest who makes the drive from South Bend frequently to testify against immigration laws.

A handful of law professors and legal experts warned the lawmakers that a crackdown would likely be costly -- amounting to perhaps millions of dollars -- and there was no guarantee a law would stand up in federal court. * * *

The committee tried to answer a simple question: Does Indiana have the legal right to address an issue that has historically been handled at the federal level?

The overriding opinion from the assembled experts: Immigration enforcement is, in fact, a federal issue.

Posted by Marcia Oddi on September 10, 2008 10:34 AM
Posted to Indiana Law