Preliminary Injunction Granted for Parts of New Indiana Immigration Law


As predicted in our prior Legal Alert on this topic on May 13, 2011, Indiana’s recently enacted immigration law has been challenged in court. On June 24, 2011, the U.S. District Court for the Southern District of Indiana granted a preliminary injunction, preventing certain provisions of the new law from going into effect as planned on July 1, 2011. This means provisions allowing Indiana police officers to make warrantless arrests in certain situations and prohibiting most persons from offering or accepting a consular identification card as a valid form of identification for any purpose are null unless the court renders a final decision to the contrary. The court found it likely that these provisions violate the U.S. Constitution or are preempted by federal law. The remaining provisions of the new law, including those affecting employers, will take effect as scheduled. Regardless of the final outcome, an appeal is likely.

For more information visit our website at or contact your regular Fisher & Phillips attorney or any member of our Global Immigration Practice Group at 404.231.1400.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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