A recent complaint has been filed by Indiana Attorney General Todd Rokita, asserting that the Monroe County Sheriff’s Office is failing to effectively enforce federal immigration laws.
According to the complaint, MCSO and Sheriff Ruben Marte have been accused of violating Indiana law by implementing a policy that restricts the enforcement of federal immigration laws to a lesser extent than what is allowed by federal law.
The complaint alleges that Sheriff Marte implemented MCSO-12 on June 29. The Office of Attorney General Rokita argues that this rule may restrict or hinder the voluntary cooperation of Monroe County Sheriff’s Office personnel with federal officials in enforcing immigration laws.
According to the complaint, MCSO-12 instructs deputies to refrain from enforcing immigration or citizenship status unless it is necessary by law. The complaint further alleges that MCSO-12 prohibits deputies from collecting information regarding the citizenship or immigration statuses of individuals they encounter during their duties, unless it is a necessary part of their official responsibilities.
According to Rokita’s complaint, MCSO-12 violates Indiana Code 5-2-18.2-3 by limiting deputies’ cooperation with federal agencies and their ability to assist in the enforcement of federal immigration laws.
According to Indiana Code 5-2-18.2-3, a governmental body is prohibited from imposing regulations that impede other agencies from taking specific actions concerning an individual’s citizenship status.
The complaint further asserts that MCSO-12 is in violation of Indiana Code 5-2-18.2-4, which explicitly prohibits governmental bodies from imposing any limitations or restrictions on the enforcement of federal immigration laws that go against the full extent permitted by federal law.
Rokita’s complaint claims that the violation of multiple Indiana Codes by MCSO-12 causes harm to the State of Indiana by infringing on its sovereignty.
Rokita’s office asserts that it has been in contact with the Monroe County Sheriff’s Office regarding MCSO-12 since May 14. According to the complaint, Rokita sent Marte a letter notifying him that MCSO-12 fails to comply with specific regulations mandated by state law.
Rokita sent a letter to the sheriff’s office, urging them to revoke any policies that were not in line with state law.
Marte responded to Rokita’s letter, stating his intention to revise the policy. However, upon reviewing the sheriff’s revisions, Rokita concluded that the policy still violated state law.
The complaint seeks an order from the court system to prohibit the sheriff’s office from violating any Indiana Codes through MCSO-12 or other departmental policies.
In a prepared statement, Rokita announced his decision to take legal action against Monroe County, following a similar lawsuit filed against East Chicago. Expressing his belief that the county’s “Immigration and Citizenship Status” policy is in violation of state law, Rokita stated, “After multiple conversations with the sheriff’s office failed to result in the rescission of this illegal policy, my office is now taking the necessary steps to enforce the state law, as passed by the General Assembly.”
Marte responded to Rokita’s complaint on Tuesday afternoon, addressing a specific aspect of MCSO-12. According to Marte, Rokita’s complaint challenges the notion that the sheriff’s office will not detain a person solely on the basis of an administrative request from the federal government, unless there is probable cause of a crime or a detention order from a judge.
In a recent statement, Marte emphasized the commitment of their office to uphold the law while ensuring the protection of constitutional rights. Marte expressed confidence in their Standard Operating Procedure, stating that it strikes the delicate balance between law enforcement and respect for individual rights. Furthermore, Marte affirmed their readiness to vigorously defend this policy in a court of law if necessary.
According to a press release, the sheriff’s office has enlisted the expertise of attorneys from both the Monroe County Legal Department and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center to assist in their legal dispute against Rokita.
As of the time of writing this article, there is no further information available regarding the status of the complaint.
