Filed Date: Aug. 26, 2002
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In August 2002, several undocumented immigrants brought a class-action lawsuit in Indiana state court (Marion Superior Court), challenging identification requirements that were issued by the Indiana Bureau of Motor Vehicles (BMV) for obtaining driver's licenses or identification cards. Under the new requirements, applicants were required to show proof of a Social Security Number and U.S. citizenship or lawful immigration status. Plaintiffs were represented by the Indiana ACLU and private counsel and sought declaratory and injunctive relief. Specifically, plaintiffs asserted that the regulation violated the Equal Protection Clause, the Due Process Clause, and the Supremacy Clause of the Constitution, as well as the Indiana Administrative Rules and Procedures Act.
In March 2004, the parties filed cross-motions for summary judgment. Following a hearing on the dispositive motions, the Marion Superior Court (Judge Patrick L. McCarty) entered judgment in favor of the BMV, finding that plaintiffs lacked standing to challenge the BMV regulation. Plaintiffs appealed.
The Indiana Court of Appeals (Judges Michael P. Barnes, Melissa S. May, and Nancy H. Vaidik) reversed and remanded with instructions to enter judgment in favor of plaintiffs. The Appeals Court found that plaintiffs had standing to bring the action, even if they did not have social security numbers, as possession of a social security number was not a requirement under Indiana law to obtain a drivers license. The Court also found that the BMV rule was not properly issued in accordance with the Indiana Administrative Rules and Procedures Act and was therefore void. The Court did not address plaintiffs' constitutional challenges. 832 N.E.2d 598 (Ind. App. 2005).
The Clearinghouse is not aware of what, if any, additional litigation occurred after the case returned to the trial court.
Summary Authors
Elizabeth Daligga (7/2/2012)
Barnes, Michael P. (Indiana)
May, Melissa S. (Indiana)
Falk, Kenneth J. (Indiana)
Gilchrist, Scott (Indiana)
Carter, Stephen (Indiana)
Barnes, Michael P. (Indiana)
May, Melissa S. (Indiana)
Vaidik, Nancy H. (Indiana)
Last updated Aug. 30, 2023, 2:33 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Indiana
Case Type(s):
Key Dates
Filing Date: Aug. 26, 2002
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Illegal aliens who were unable to receive driver licenses or identification cards or both due to identification requirements for obtaining said documents
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Indiana Bureau of Motor Vehicles, State
Case Details
Causes of Action:
Constitutional Clause(s):
Federalism (including 10th Amendment)
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border: