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.
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