Indiana Attorney General Files Complaint Against Monroe County Sheriff’s Office Over Immigration Policy.
MONROE COUNTY, Ind. — Indiana Attorney General Todd Rokita has filed a complaint against the Monroe County Sheriff’s Office (MCSO), alleging that it is failing to properly enforce federal immigration laws. The complaint specifically targets a policy implemented by Sheriff Ruben Marte, known as MCSO-12, which Rokita claims restricts the enforcement of federal immigration laws beyond what is allowed under federal law.
The complaint, filed by Rokita’s office, argues that MCSO-12, established on June 29, violates Indiana state law by potentially limiting voluntary cooperation between MCSO personnel and federal officials in enforcing immigration laws. According to the complaint, the policy instructs deputies not to engage in immigration enforcement or inquire about an individual’s citizenship status unless legally required to do so.
Rokita’s office contends that MCSO-12 hinders deputies’ ability to assist federal agencies with immigration law enforcement, which is prohibited under Indiana Code 5-2-18.2-3. This state law mandates that no governmental body can create rules that prevent other agencies from collecting or sharing information about an individual’s citizenship status.
Furthermore, the complaint asserts that MCSO-12 contravenes Indiana Code 5-2-18.2-4, which requires that the enforcement of federal immigration laws be carried out to the fullest extent permitted by federal law. Rokita claims that the policy undermines the sovereignty of the State of Indiana by violating these state laws.
The Attorney General’s office has been in communication with Sheriff Marte regarding the policy since May 14. Rokita reportedly sent a letter to Marte, urging the sheriff to revoke the policy for failing to comply with state law. Although Marte indicated a willingness to revise the policy, Rokita determined that the changes were still inconsistent with state law.
Rokita’s complaint seeks a court order to prevent the Monroe County Sheriff’s Office from violating any Indiana Codes through MCSO-12 or similar policies.
In a statement, Rokita emphasized the importance of enforcing state law, referencing a recent lawsuit his office filed against East Chicago for similar issues. He expressed frustration that discussions with the Monroe County Sheriff’s Office had not resolved the matter, leading to the legal action.
Sheriff Marte responded to the complaint, clarifying that it primarily challenges MCSO-12’s stance against detaining individuals based solely on administrative requests from the federal government, particularly when there is no probable cause of a crime or a detention order from a judge. Marte defended the policy, stating that it was designed to comply with all relevant state and federal laws while upholding constitutional rights.
“Our Standard Operating Procedure is aligned with the law and respects constitutional rights,” Marte stated. He confirmed that the Monroe County Legal Department, along with the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center, will represent his office in the legal proceedings.
At the time of this article’s publication, no further updates on the status of the complaint were available.
