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A new opinion issued this week by Indiana Attorney General Todd Rokita asserts that law enforcement officers can arrest and detain individuals caught driving without a license — including undocumented immigrants — and book them into a county jail.
The Republican attorney general said the opinion, dated June 11, was requested by Jackson County Prosecutor Jeff Chalfant and seeks to address “a critical public safety issue amid growing concerns about illegal immigration and its impact on Indiana’s roads.”
Attorney general opinions are legally non-binding.
Rokita maintained that drivers who drive without ever having a license — a Class C misdemeanor under Indiana law — cannot be released from a scene because they’re unable to provide the information required for a written promise to appear in court.
He pointed to a specific state statute allowing traffic offenders to be released without going to jail. But that document must include a valid license number. Because individuals without a license cannot meet that requirement, the opinion concludes they are not eligible for release under state law.
“Hoosiers deserve safe streets, and that starts with ensuring those who break our laws face consequences,” Rokita said in a statement. “This opinion gives our law enforcement guidance to hold accountable anyone, especially illegal aliens, driving without a license — a crime that puts our communities at risk.”
In a Friday news release, his office further held that “illegal aliens operating motor vehicles pose unique and serious safety risks, and that “booking an illegal alien at a county jail for driving without a license will ensure that federal authorities are notified of the arrest and able to make arrangements to apprehend the alien if they choose to do so.”
Rokita noted that driving without ever being licensed is different from driving on a suspended or revoked license — a violation that’s typically treated as an infraction, unless the individual is a repeat offender. The opinion clarifies that law enforcement has full authority to arrest and process individuals who have never received a license.
The attorney general emphasized, too, that undocumented immigrants are unable to obtain valid driver’s licenses in Indiana, and that some use out-of-state licenses that are not recognized by Indiana law.
“Illegal aliens cannot drive on Indiana roadways because they are barred from obtaining valid licenses, but they do it anyway because they don’t respect our laws,” Rokita continued in his statement. “This opinion should provide clarity on law enforcement’s ability to detain these offenders, ensuring they face justice rather than being released back onto our streets.”
The opinion also cites U.S. Supreme Court precedents affirming law enforcement’s ability to arrest for minor criminal offenses and to hold individuals up to 48 hours pending a court determination of probable cause.
The Indiana Capital Chronicle is an independent, nonprofit news organization that covers state government, policy and elections.
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