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By Logan Foster – Redress South Bend
October 16, 2024—Indiana Attorney General Todd Rokita has raised concerns over the compliance of two Indiana law enforcement agencies with state immigration laws. On October 11th, 2024, Rokita issued letters to the St. Joseph County Police Department and the Lake County Sheriff’s Office, which he later released on his official social media account on October 16th, drawing public attention to the issue.
The letters, addressed to Sheriff Redman of St. Joseph County and Sheriff Martinez of Lake County, claim that both departments have policies that limit cooperation with federal immigration authorities, contravening specific provisions of the Indiana Code. The communication highlights reports from U.S. Immigration and Customs Enforcement (ICE), which categorize these agencies as non-cooperative. Specifically, Rokita notes that the St. Joseph County Police Department failed to honor nine ICE detainer requests between March 1 and September 3, 2024. Similarly, the Lake County Sheriff’s Office reportedly neglected 31 such requests in the same period.
Attorney General Rokita demands that these agencies confirm their policies and, where necessary, cease any practices that are inconsistent with state law. If the agencies fail to respond satisfactorily, Rokita indicates that legal action may follow to ensure compliance.
As the situation unfolds, both law enforcement agencies are under significant pressure to clarify and possibly adjust their policies to align with state regulations, amidst close scrutiny from both state authorities and the public.
Text of the full letter sent to St. Joseph County/Sheriff Bill Redman:
October 11, 2024
St. Joseph County Police Department
Attn: Sheriff William Redman
401 W. Sample Street
South Bend, IN 46601
Re: St. Joseph County Police Department's Compliance with Indiana Code ch. 5-2-18.2
Dear Sheriff Redman,
I write concerning the St. Joseph County Police Department's ("SJCPD") compliance with Indiana Code § 5-2-18.2-1, et. seq. The Office of the Attorney General ("OAG") has cause to believe that SJCPD has implemented and maintains a policy limiting its and its officers' cooperation with federal immigration authorities that is inconsistent with Indiana Code §$ 5-2-18.2-3, & 4. I ask that you confirm whether SJCPD maintains such a policy and, if it does, that SJCPD promptly discontinue it. If SJCPD fails to provide a satisfactory response to this inquiry, OAG will undertake legal action to compel SJCPD's compliance with state law.
According to a report prepared by U.S. Immigration and Customs Enforcement ("ICE"), SJCPD is designated by ICE as a non-cooperative law enforcement agency. That designation means that SJCPD does not provide notification to ICE prior to releasing noncitizens from custody and does not honor ICE detainer requests. Through communications with ICE, OAG has learned that SJCPD failed to honor 9 detainer requests in the period between March 1, 2024 and September 3,
2024. In some instances, the individuals who were the subjects of those detainers had committed crimes that pose direct threats to public safety.
Under Indiana Code § 5-2-18.2-3, it is unlawful for SJCPD to:
[Implement... a policy that prohibits or in any way restricts... a law enforcement officer ... from taking the following actions with regard to information of the citizenship or immigration status, lawful or unlawful, of an individual: (1) Communicating or cooperating with federal officials. (2) Sending to or receiving information from the United States Department of Homeland Security. (3) Maintaining information. [or] (4) Exchanging information with another federal, state, or local government entity.
Likewise, Indiana Code § 5-2-18.2-4 makes it unlawful for SJCPD to "limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law."
Text of the full letter sent to Lake County/Sheriff Oscar Martinez:
October 11, 2024
Lake County Sheriff's Office
Attn: Sheriff Oscar Martinez Jr.
2293 N Main Street - Building C
Crown Point, IN 46307
Re: Lake County Sheriff Department's Compliance with Indiana Code ch. 5-2-18.2
Dear Sheriff Martinez,
I write concerning the Lake County Sheriff Department's ("LCSD") compliance with Indiana Code § 5-2-18.2-1, et. seq. The Office of the Attorney General ("OAG") has cause to believe that LCSD has implemented and maintains a policy limiting its and its officers' cooperation with federal immigration authorities that is inconsistent with Indiana Code §$ 5-2-18.2-3, & 4. I ask that you confirm whether LCSD maintains such a policy and, if it does, that LCSD promptly discontinue it. If LCSD fails to provide a satisfactory response to this inquiry, OAG will undertake legal action to compel LCD's compliance with state law.
According to a report prepared by U.S. Immigration and Customs Enforcement ("ICE"), LCSD is designated by ICE as a non-cooperative law enforcement agency. That designation means that LCSD does not provide notification to ICE prior to releasing noncitizens from custody and does not honor ICE detainer requests. Through communications with ICE, OAG has learned that LCSD failed to honor 31 detainer requests in the period between March 1, 2024 and September 3, 2024.
In some instances, the individuals who were the subjects of those detainers had committed crimes that pose direct threats to public safety.
Under Indiana Code § 5-2-18.2-3, it is unlawful for LCSD to:
[Implement... a policy that prohibits or in any way restricts... a law enforcement officer ... from taking the following actions with regard to information of the citizenship or immigration status, lawful or unlawful, of an individual: (1) Communicating or cooperating with federal officials. (2) Sending to or receiving information from the United States Department of Homeland Security. (3) Maintaining information. [or] (4) Exchanging information with another federal, state, or local government entity.
Likewise, Indiana Code § 5-2-18.2-4 makes it unlawful for LCSD to "limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law."