A federal judge has ordered Indiana to enact a provision in state law that would allow people on humanitarian parole to obtain driver's licenses, but only if they are from Ukraine.
A judge on Thursday issued a preliminary injunction against a group of Haitian immigrants in Indiana who were suing the state over a recently passed law. Haitian immigrants argue that the law is discriminatory and unconstitutional, and are seeking a permanent ban on the provision.
It was unclear Friday whether the state would appeal the judge's order.
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The lawsuit was filed in August against the commissioner of the Indiana Department of Motor Vehicles. The plaintiffs are represented by attorneys from the American Civil Liberties Union of Indiana and the National Immigration Law Center.
Lead plaintiff Jephson Sanhilaire, 25, speaks to reporters outside the U.S. Courthouse building in Indianapolis on November 17, 2023. A federal judge has ordered Indiana to create a provision in state law that would allow people on humanitarian parole to obtain driver's licenses. However, only if you are from Ukraine. (AP Photo/Isabella Vollmert, File)
“I will continue to advocate for justice along with the other plaintiffs because obtaining a driver's license should depend on following the rules of the road, not the country of birth,” said plaintiffs leader Jephson Saint-Hilaire. stated in writing. Presented by his ACLU of Indiana.
The law in question, Indiana House Enrollment Act 1050, provides a means for immigrants on humanitarian parole from Ukraine to obtain driver's licenses and identification cards.
Four of the five Haitian immigrants, all on humanitarian parole, live in rural areas without public transportation and want the same opportunities provided by law, according to the suit. Lawyers say they rely on others for everyday tasks such as driving them to work and shopping for groceries. The final plaintiff is a minor who wishes to receive identification.
Lawyers for Haitian immigrants argued that the law violates the Civil Rights Act of 1964 and the Equal Protection Clause of the U.S. Constitution. It also creates its own immigration classifications, which they say is a power reserved for the federal government.
The Associated Press asked the Indiana Attorney General's Office, which represents the commissioner, whether the state will appeal the judge's order. At a court hearing in November, lawyers for the state argued that the law was adopted to reflect the provisions of Congress's Supplemental Ukraine Appropriations Act and therefore does not conflict with federal law or federal immigration classification. insisted.
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U.S. District Judge Tanya Walton Pratt said in a 45-page order that the law distinguishes between classes of humanitarian parolees and that the provision likely violates the Equal Protection Clause.
“If Indiana law allowed all humane parolees to obtain a license, identification card, or title in the same way, plaintiffs would not have to bring this lawsuit,” she wrote. wrote.
Pratt ordered Indiana to rescind the language in the Ukraine provision in a preliminary injunction and leave the rest of the law in place.
This lawsuit also seeks class action certification and is currently pending.
“We will continue to pursue this case to ensure that Ukrainians and non-Ukrainians have equal opportunity to support their families and communities,” Gavin M. Rose, senior attorney with the ACLU of Indiana, said in a statement. Stated.
