Attorney General Considers Legal Action Against Merrillville Over Immigration Detention Facility
Indiana Attorney General Todd Rokita is threatening to initiate a lawsuit against the Town of Merrillville, alleging “obstruction” in the establishment of a new federal immigration detention facility in the region. Local leaders, however, maintain that their actions reflect their First Amendment rights to voice their opinions regarding the project.
Rokita stated in a news release on Monday, “Indiana will not tolerate any interference with immigration enforcement by local government officials. The City of Merrillville’s attempts to impede ICE’s efforts to create new detention space for undocumented immigrants are unlawful.”
He further commented, “Under Senate Enrollment Act 76 and Indiana’s anti-sanctuary law, local authorities are prohibited from obstructing federal efforts to enforce immigration laws or conduct mass deportations. Should they fail to amend their course immediately, we will hold them accountable.”
Concerns around immigration enforcement were highlighted in a report last year from the Washington Post, which disclosed that U.S. Immigration and Customs Enforcement (ICE) plans to detain 80,000 immigrants in industrial facilities, potentially including locations in Merrillville. This revelation caught several towns in northwestern Indiana off guard, as reported by the Chicago Tribune.
In January, the Merrillville City Council passed a resolution opposing any efforts to convert an industrial warehouse into an ICE facility. City Council President Rick Berra posted on his website expressing concern that the warehouse was designed for industrial use and ill-suited for human habitation at a detention level, stating that such a conversion would create “unforeseen demands” on the town’s utilities and emergency services.
Rokita’s cease-and-desist letter, sent to Merrillville last week, asserted that the agency has advised property owners against engaging in transactions with ICE, claiming this has led to the “blackmailing” of owners and disrupted several potential deals. The letter emphasized that federal law permits ICE to acquire properties for immigration detention, and Indiana law restricts local governments from interfering with ICE’s operations.
In his letter, Rokita demanded that Merrillville reverse its resolution, cease hindering land transactions between residents and ICE, and publicly commit to not opposing the facility or retaliating against landowners who choose to sell to the agency. He threatened legal action if the town did not comply by July 15.
Merrillville officials expressed surprise at the letter and its timing, noting that the resolution was passed six months ago while they are currently managing one of the largest disaster recovery efforts in the town’s history, following a tornado that destroyed over 200 buildings. They clarified that the resolution does not hold the same weight as an ordinance and was primarily a means of expressing a stance on the issue.
Town leaders assured their commitment to adhering to all applicable state and federal laws, expressing hope that the Attorney General would recognize the resolution as a legitimate expression of public opinion that aligns with First Amendment rights and the Indiana Constitution, without violating immigration laws. Meanwhile, ICE has a current two-year agreement with the state of Indiana for the detention of up to 1,000 male immigrants at the Miami Correctional Facility.
