Rokita files lawsuit against Merrillville Town Council

Attorney General Todd Rokita on Thursday filed a lawsuit against the Merrillville Town Council, accusing it of interfering with U.S. Immigration and Customs Enforcement’s effort to create new detention space for undocumented immigrants.

Rokita’s office announced the lawsuit in a news release and described the move as the first enforcement action taken under new authority created by Senate Enrolled Act 76, also known as the FAIRNESS Act.

The lawsuit seeks to compel full compliance with state law and impose civil penalties on the Council for its illegal actions, Rokita’s office said in a statement.

“Merrillville is one site where ICE has worked to acquire property to create a new detention facility that would support its enforcement activities,” a news release from Rokita’s office states. “However, the Town Council of Merrillville has opposed the establishment of new detention space in the Town and pursued a concerted and coordinated course of action to pressure Merrillville property owners not to sell to ICE, thereby thwarting its efforts. The Council’s actions violate state law.”

A spokesperson for the town of Merrillville did not immediately respond to The Indiana Lawyer’s call seeking comment.

At issue is a resolution the Town Council passed earlier this year that formally opposed an immigration detention or processing facility being established in the town. The council took the action after learning from a December 2025 report by The Washington Post that ICE was considering using industrial warehouses as immigration detention or processing facilities, and that Merrillville was listed as a potential site.

Six months later, in June, Rokita’s office sent the council a cease-and-desist letter. Rokita accused Merrillville leaders of sabotaging federal efforts to place an immigration detention facility in the area, saying several transactions had fallen through because town officials contacted property owners and others involved in discussions to “discourage deals.” ICE has not confirmed to The Indiana Lawyer whether that was the case.

Rokita demanded that the council rescind its resolution by July 15 or he’d take civil action.

The council met July 14 to consider a resolution that would rescind the first resolution. Ultimately, council members voted unanimously to table the resolution. The council had reached out to Rokita’s office and decided to wait to hear back before taking any action.

The Lawyer has asked a Rokita spokesperson whether the office has been in touch with town council members.

“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 statement. “That’s illegal under Indiana law.”

As of press time, the lawsuit was not yet available online.