INDIANAPOLIS — This week, Indiana Attorney General Todd Rokita sent letters to the Indianapolis Metropolitan Police Department and Indianapolis Public Schools directing them to cooperate with federal immigration laws, warning of potential legal action if they do not comply.
Rokita's concerns stem from a statement made by IMPD, which expressed that it "does not have authority to enforce federal immigration laws" and that it has "no intention" of participating in federal immigration “sweeps.”
Similarly, IPS communicated to its staff that it "will not permit immigration enforcement actions on school grounds without proper legal documentation" and will refrain from inquiring about or sharing information regarding students' immigration statuses. IPS has also stated on its website that "ICE officers must present a valid warrant signed by a judge" before being allowed entry to school grounds.
Rokita addressed these policies in a letter to both organizations. "Indiana law, however, prohibits local government entities from placing restrictions on the enforcement of federal immigration law, such as by limiting their own interactions and cooperation with U.S. Immigration and Customs Enforcement (ICE)," Rokita stated.
In his letter to IMPD, Rokita said local law enforcement does have the authority to engage in the enforcement of federal immigration. He cited the Supreme Court's ruling in Arizona v. United States, which underscores the importance of collaboration between state and federal officials in immigration matters.
In his letter to IPS, Rokita cited Indiana Code 5-2-18.2, clarifying that governmental bodies, including IPS, "may not limit or restrict the enforcement of federal immigration laws." He argued that IPS's insistence on requiring "a judicial warrant" for ICE access contradicts federal law, which allows for apprehensions based on administrative warrants.
Rokita’s letter requested that IMPD provide a description and copies of any directives or policies regarding immigration-related matters. He also asked for a detailed plan on how the department intends to align its practices with state law.
He requested IPS provide “a description of what changes IPS has made to its immigration-related policies to bring them into compliance with state law.”
Roita is asking for a response from both organizations by February 27, stating that failure to do so may result in legal action.
WRTV has also reached out to IMPD and IPS for a statement and is waiting to hear back.
