The Indiana law, passed last year, enables local police to arrest people without a warrant based on immigration court or U.S. Department of Homeland Security orders, or if officers have probable cause to believe that the person has been charged with a felony, Zoeller said today in a filing in federal court in Indianapolis.
Similar language in Arizona’s immigration law was struck down as unconstitutional by the nation’s highest court in June. The American Civil Liberties Union sued last year to overturn Indiana’s law. Given the Supreme Court ruling in the Arizona case, Zoeller said he can no longer defend portions of the law.
“A warrantless arrest under those circumstances is unconstitutional,” Zoeller said in today’s filing. “Warrantless arrests under those circumstances and justifications will not be defended.”
The case is Buquer v. City of Indianapolis, 11-708, U.S. District Court, Southern District of Indiana (Indianapolis).
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