(Indianapolis, Ind.) - Indiana’s controversial new immigration law could be tossed out before it takes effect.
U.S. District Court Judge Sarah Evans Barker said Tuesday she will rule on whether or not to suspend two provisions of Senate Enrolled Act 590 before July 1, the day the law would go into effect.
The American Civil Liberties Union of Indiana filed suit soon after the law was passed by the Indiana General Assembly and signed by Governor Mitch Daniels earlier this year.
Those parts of the law in question call for arresting people whose immigration status is not known and not allowing foreigners to use ID cards issued by their home countries to prove their identities.
The ID cards are valid in the U.S. under international treaties. During a hearing Tuesday, Barker challenged the state to explain how the new law can be enforced without violating both federal and international law.
Deputy Attorney General Betsey Isenberg said the state wants to prevent fraudulent use of the cards.
Another provision in the law seeks to punish businesses that knowingly hire illegal immigrants by denying them tax breaks.
Indiana Attorney General Greg Zoeller has defended the need for the law.
“It was clear during the recent legislative session that our Legislature is responding to the failure of the federal government to enact and enforce immigration policies,” Zoeller said in a May 25 statement. “I too have encouraged a federal approach to immigration matters, and have worked with my attorney general colleagues in Mexico in their efforts to develop the rule of law in their country and combat organized crime cartels that contribute in part to illegal immigration.”