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Indiana Attorney General sues sheriff over immigration policy

Indiana Attorney General Todd Rokita says Monroe County Sheriff's office Operating procedure violated a state law
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INDIANAPOLIS — Indiana Attorney General Todd Rokita is suing an Indiana Sheriff’s office over a policy that handles immigration and citizenship.

On July 11, Rokita and the State of Indiana filed a complaint against Sheriff Ruben Marté and the Monroe County Sheriff’s office.

The filing claims that the Sheriff and his office violated state law that prevents local governments from limiting or restricting enforcement of federal immigration laws after implementing a change to their standard operating procedure on June 29, 2024.

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"We're usually all on the same team. The Monroe County Sheriff doesn't want to be on that team," Rokita explained.

Rokita claims the Monroe County Sheriff continued to implement a standard operating procedure that broke Indiana Code 5-2–18.2-3 despite the sheriff having numerous written warnings.

The law states that law enforcement officers are “Prohibited from enacting or implementing restrictions soon taking certain actions regarding information of citizenship or immigration status.”

“They specifically say in their policy that they don't have to help with reasonable requests of other law enforcement partners, and that's a problem that is harboring an illegal alien, and in Indiana, it's illegal to do that," Rokita said.

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Rokita believes ensuring immigration laws are enforced are a major priority for the Attorney General’s office.

“It doesn't make any sense for us not to enforce our laws because the Biden administration and other people who support lawlessness at our border don't do their jobs," Rokita said.

Marté and his office responded to WRTV through their court filings from early September, assuring they will fight against Rokita’s claims.

In Marté’s affidavit, he states:
“The purpose of this (standard operating procedure) is to establish guidelines for employees of the Sheriffs Office relating to citizenship and immigration status. The SOP announces the policy of the Office 'to treat all individuals fairly and equally, during law enforcement encounters, regardless of their immigration or citizenship status.'"

Marté goes on to say it was a decision he made while deciding how to best organize his department’s priorities.

“The Sheriffs Office does not interfere with federal enforcement, but also has chosen not to affirmatively divert our limited resources away from crime-fighting and towards carrying out a federal responsibility.”

After seeing Marté’s defense, Rokita remains firm in his beliefs.

“The court will have to decide that,” Rokita said.

Rokita is running for reelection against democratic nominee Destiny Wells for the Indiana Attorney General position this November. They elected not to comment on this story.

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No court dates are scheduled at this time.