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The American Civil Liberties Union of Indiana and the National Immigration Law Center have filed a lawsuit in federal court that challenges the constitutionality of a new state law, claiming it discriminates based on national origin.
The lawsuit — Jeffson St-Hilaire, Merlange Meme, Evenks Meme, Nadege Jean Marie, and L.M.D.M., by her next friend Martin Welp, on their own behalf and on behalf of a class of those similarly situated v. Commissioner of Indiana Bureau of Motor Vehicles, in his official capacity, 1:23-cv-1505 — was filed Aug. 23 in the United States District Court for the Southern District of Indiana.
It claims that by only allowing individuals from Ukraine to obtain an Indiana driver’s license or identification card but not permitting the same opportunity to Haitian refugees, House Enrolled Act 1050 represents national-origin discrimination, and that the new law is an unconstitutional violation of the equal protection clause of the 14th Amendment, preempted by federal law and violates Title VI of the Civil Rights Act of 1964.
“Our clients are being denied access to state-issued IDs solely because they are Haitians and not Ukrainians,” ACLU of Indiana senior attorney, Gavin M. Rose said in a news release. “Non-Ukrainians on humanitarian parole are left struggling to get to work, to keep medical appointments, to take children to school, and more, all because they cannot drive.”
HEA 1050 was passed by the Indiana General Assembly and signed into law this year.
The new law creates a pathway for individuals on humanitarian parole to get an Indiana driver’s license or identification card and to register and title vehicles, but only if they are from Ukraine.
The plaintiffs in the case are all humanitarian parolees who have obtained authorization to work in the U.S. and are currently employed.
According to the complaint, they would benefit from being able to obtain a driver’s license or state-issued identification card, but under HEA 1050, they aren’t able to because they are Haitians, not Ukrainians.
According to the complaint, plaintiff Jeffson St-Hilaire lives in a rural area of Hancock County and has to rely on rides from co-workers.
“In addition to being able to travel to and from his job without requiring assistance from coworkers, Mr. St-Hilaire wishes to be able to transport himself to run errands, to social events, and to otherwise explore Indiana. In fact, as with most persons, obtaining a driver’s license and the resulting ability to drive would allow Mr. St-Hilaire to realize a level of self-sufficiency and independence that he currently is unable to experience in the United States,” the complaint stated.
St-Hilaire has taken and passed both of the necessary learner’s permit tests but received a letter from the Indiana Bureau of Motor Vehicles explaining that he was ineligible to receive a learner’s permit due to HEA 1050.
Additional plaintiffs including Merlange Meme, Evenks Meme and Nadege Jean Marie have had to rely on their sponsor, Martin Welp, and his wife for rides to work.
“There is no legitimate governmental interest, let alone a compelling one, in allowing persons on humanitarian parole from Ukraine but not from other countries to obtain Indiana driver’s licenses and identification cards and to register and title vehicles. And even if such an interest existed, the discrimination mandated by H.E.A. 1050 is not appropriately tailored to any supposed interest,” the complaint stated. “As a result of H.E.A. 1050, the plaintiffs and other persons on humanitarian parole are suffering irreparable harm for which there is no adequate remedy at law.”
The complaint is asking the U.S. District Court for the Southern District of Indiana to declare the defendant has violated the rights of the plaintiffs and that HEA 1050 is unconstitutional and illegal.
It is also requesting a preliminary injunction on the new law, plus costs and attorney fees.
“The federal government regulates immigration — not the states,” an attorney with NILC, Chiraayu Gosrani, said in the news release. “The State of Indiana cannot create immigration classifications that conflict with federal law, and here they have done just that in an effort to unconstitutionally discriminate against people with humanitarian protections who are overwhelmingly immigrants of color.”
The Office of the Indiana Attorney General responded to a request for comment by saying there wasn’t anything to comment on.
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