Indiana’s attorney general is suing a northwest Indiana community for opposing a potential immigration detention center.
Republican Attorney General Todd Rokita, a staunch supporter of President Donald Trump, filed the state lawsuit last week against the town of Merrillville.
Rokita is citing a newly enacted state law, called the Fairness Act, that prevents local sanctuary policies, mandates cooperation with federal immigration detainers and penalizes employers who knowingly hire unauthorized workers.
“We requested that Merrillville comply with state law, and they refused, choosing instead to play games, effectively aid and abet criminal illegal aliens, and making the illegals’ evasion of justice a higher priority than the safety of taxpayers throughout the region,” Rokita said in a news release. “That’s illegal under Indiana law.”
In January, the Town Council of Merrillville adopted a resolution opposing the conversion of large industrial warehouses into U.S. Immigration and Customs Enforcement processing or detention centers. The town had been cited in a published report as being a potential site.
Earlier this month, Rokita warned the council that it was running afoul of state law and demanded that it rescind its ordinance. The council refused.
Rokita has also warned other government entities about blocking or restricting ICE officers or sued those entities, including Indianapolis Public Schools, the Indianapolis-Marion City Council, and Monroe County, where Bloomington is located.
Town Councilperson Keesha Hardaway said she isn’t intimidated by Rokita’s threats.
“I just feel as if this violates our First Amendment right on freedom of speech. We represent 5,000 residents each, and we are their voice, and he is trying to squelch the voices of the town of Merrillville, and I will not tolerate that,” Hardaway said.
In a statement, a spokesperson for the U.S. Department of Homeland Security said it had no new detention centers to announce in Merrillville.
Lali Cuevas, founder of Northwest Indiana Community Response Team, said Merrillville is correct for opposing ICE in its town.
“People are already living in fear. Children not attending school, families unable to move about freely. And so with the detention center, that’s really going to cause even more mistrust,” Cuevas said. “I hope they continue to stand their ground, even if you know fines do come. I know that’s going to put a burden on the town. But I do feel like it should be a freedom of speech issue.”
ICE facilities nationwide have also been places where inmates have alleged poor treatment and abuse, prompting Democrats in Congress to hold hearings.
Last week, the American Civil Liberties Union of Indiana filed lawsuits on behalf of an inmate at ICE’s detention facility at the Miami Correctional Facility, north of Indianapolis, nicknamed the “Speedway Slammer.” The inmate suffered a seizure after not receiving prescribed medication at the facility, then was pepper-sprayed by correctional officers.
According to Indianapolis TV station WISH, the ACLU is reviewing the lawsuit filed against the town by Rokita for possible violations of the First amendment.
U.S. Rep. Frank J. Mrvan, a Democrat who represents northwest Indiana in Congress and who is up for reelection this year, opposes ICE in the town and blasted the Trump administration for not consulting local officials, including himself.
“I respectfully call on the Administration to reverse any decision to convert commercial buildings for the purpose of detaining individuals in our district,” Mrvan wrote in a statement.
Michael Puente is a reporter and anchor for WBEZ. Reach him at mpuente@wbez.org.