By Edvard Pettersson
August 14, 2013
businessweek.com

Parts of a 2011 Indiana law cracking down on employment of illegal immigrants survived a challenge in federal court.

Union Benefica Mexicana, a nonprofit group dedicated to northwest Indiana’s Mexican community, didn’t have constitutional standing to bring its lawsuit against the state of Indiana, its governor or its attorney general, U.S. District Judge Jon E. DeGuilio in Hammond said in a decision yesterday.

The organization also failed to show how it’s harmed by the measure’s provisions allowing the state to sue employers for unemployment benefits paid to illegal immigrants and authorizing police to notify immigration officials if they suspect a day worker hasn’t filled out required paperwork, the judge said.

“To support standing, a plaintiff must plead an injury which is concrete and particularized; actual or imminent, not conjectural or hypothetical,” DeGuilio said, while explaining that Union Benefica Mexicana can’t pursue its claims against Indiana county sheriffs.

The judge said the nonprofit could refile its complaint suing proper parties.

The case is Union Benefica Mexicana v. State of Indiana, 11-cv-00482, U.S. District Court, District of Indiana (Hammond).

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