Indiana Lawmakers Say Federal Rules Allow Them to Intervene in Illegal Immigration Case

The attorney for the three state lawmakers who are trying to intervene in Indiana’s illegal immigration case say the federal rules of civil procedure allow his clients to ask a judge to step in a defend the portions of the law Attorney General Greg Zoeller won’t.

State Senators Mike Delph, Phil Boots and Brent Steele have filed a motion to intervene and defend the portions of Indiana’s illegal immigration law which Zoller says the recent decision regarding the Arizona case have made unconstitutional and therefore not necessary to defend.

In addition, several state statutes appear to make the argument that the three Senators don’t have the authority to intervene.  However, Garrett Roe of the Immigration Reform Law Institute says the federal rules allow the three to intervene because they have a legally protected interest in the litigation. 

Roe says if Zoeller doesn’t defend the law he is basically overriding the will of lawmakers to pass legislation.   However, Roe did admit that the three might have a legal standing issue since Zoeller has not withdrawn from the case. 

A copy of the motion can be downloaded here.  A copy of the brief can be found here.