Indiana Attorney General Accuses Local Jail of Defying State Immigration Law

SOUTH BEND, Ind. — Indiana Attorney General Todd Rokita filed a lawsuit against St. Joseph County, accusing its jail of failing to cooperate with federal immigration authorities. The lawsuit, filed in January in St. Joseph Circuit Court, targets Democratic Sheriff Bill Redman for allegedly not complying with a new state law related to immigration enforcement.

Allegations of Noncompliance

Rokita claims that Redman has repeatedly ignored requests from U.S. Immigration and Customs Enforcement (ICE) to hold individuals that have been arrested on various charges and are living in the country without legal status. The attorney general says this violates a new Indiana law that prohibits local officials from restricting communication with federal immigration agencies.

“This deliberate decision to not cooperate with federal authorities is giving safe harbor to criminal aliens that need to be removed from this country and this county,” Rokita said during a press conference in the County-City Building lobby.

The lawsuit mirrors a similar action Rokita filed in July against Monroe County in Bloomington.

Sheriff and County Respond

Sheriff Redman, who was out of town at the time of the filing, responded through the department’s Facebook page. The sheriff's office denied any wrongdoing and said it regularly informs ICE when someone in custody is eligible for release and subject to a detainer.

“We also remind the attorney general that neither state nor federal law require the sheriff or the jail to enforce federal immigration laws,” the statement read. “The sheriff and the department fully comply with all state and federal laws, and will now unfortunately have to defend itself in court against the state of Indiana.”

The county’s legal response, filed by attorneys Andrew Jones and Michael Smyth, argued that the state is overstepping its bounds. “The State telling local law enforcement to assist ICE is effectively no different than ICE telling local law enforcement to do what ICE wants local law enforcement to do,” the filing stated.

Community and Political Reactions

Democratic Mayor James Mueller of South Bend weighed in, stating the city is proud to be a “welcoming city” and that it follows all state and federal laws while also respecting constitutional rights.

On the other hand, Republican county commissioners Carl Baxmeyer and Tony Hazen expressed support for Rokita’s actions. In a joint statement, they said they were “seriously concerned” by the allegations and called on Redman to ensure compliance with federal rules.

“We are not a sanctuary county,” the commissioners said. “St. Joseph County residents deserve the right to basic safety.”

Next Steps in Court

The case is scheduled for a hearing on June 18. A judge will determine whether to move forward or dismiss the lawsuit.

Despite the strong language from state officials, neither Rokita nor local commissioners have presented evidence that crime has increased in the county due to undocumented immigration. The legal battle now centers on whether Redman’s department violated state law by not doing more to assist federal immigration efforts.