Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
Indiana Attorney General Todd Rokita is threatening civil action against the town of Merrillville unless it permits federal immigration officials to purchase land within its limits.
Rokita is demanding that the Merrillville Town Council rescind a resolution it passed in January that took a stand against U.S. Immigration and Customs Enforcement flipping existing industrial warehouses within city limits into detention facilities. If the Town Council fails to change its stance by July 15, Rokita plans to use his newly assigned enforcement powers to impose hefty fines against Merrillville.
The Town Council’s resolution came after weeks of confusion following a Dec. 24 article by The Washington Post, which indicated the federal government was considering using industrial warehouses as immigration detention or processing facilities. According to The Post article, Merrillville was a potential site for a processing center.
In a June 24 letter to the Town Council, which the Attorney General’s Office provided in a press release on Monday, Rokita said federal authorities had alerted his office of multiple instances over the past four months in which Merrillville officials contacted potential sellers to discourage them from doing business with ICE.
According to Rokita, the town’s interference led to multiple transactions falling through.
“The Town’s actions have intimidated property owners, who reportedly fear reprisal from the Town,” the demand letter stated.
The Indiana Lawyer reached out to Merrillville Town Council President Rick Bella and a town spokesperson for comment on Rokita’s demands and to confirm whether city officials had stepped into any such real estate transactions, but neither immediately responded.
An ICE spokesperson did not directly answer The Lawyer’s questions asking about the reported negotiations.
“We have no new detention centers to announce at this time,” an unidentified ICE spokesperson said in an email to The Indiana Lawyer. “Every day, DHS is conducting law enforcement activities across the country to keep Americans safe. It should not come as news that ICE will be making arrests in states across the U.S. and is actively working to expand detention space.”
Indiana’s anti-sanctuary city policy will broaden in scope July 1, after the Legislature earlier this year passed Senate Enrolled Act 76. According to the revised Indiana Code § 5-2-18.2-4, a governmental body may not “in any way” limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.
And since federal law allows ICE to acquire property to operate as detention facilities, Rokita says Indiana law “forbids any action by a local government entity that would limit or restrict ICE’s ability to do so.”
This means, as Rokita sees it, that the Merrillville Town Council’s actions are illegal.
Bella, the Town Council president, said in a Jan. 28 press release after the council adopted its resolution that an ICE detention facility “does not align with Merrillville’s values, planning standards or vision for the future.”
But the council has also noted more practical concerns about ICE using the facilities. In past comments, the council said Merrillville’s warehouses were approved and built for industrial use, not for human residence at a detention-scale. The council also said that if ICE were to convert existing warehouses, it would place “unanticipated” demands on local infrastructure.
“Any facility that disregards local zoning, planning, and regulatory ordinances is unacceptable to the Town of Merrillville,” Bella said in an online statement.
Rokita has given the town council until July 15 to revoke its resolution, stop any efforts to discourage real estate transactions between the feds and Merrillville property owners and issue a public statement saying that the town will not oppose any attempt by ICE to buy property within city limits and that it will not retaliate against anyone who does business with ICE.
Rokita emphasized in the demand letter that the updated state law empowers his office to impose a civil penalty of up to $10,000 for each violation.
If city officials do not comply with his demands, Rokita said he will exercise his authority and file suit against Merrillville.
Please enable JavaScript to view this content.