BLOOMINGTON— Monroe County Sheriff Rubin Marté will defend a department policy against a lawsuit filed by Indiana Attorney General Todd Rokita.
“My office takes seriously our obligation to enforce the laws while respecting everyone’s constitutional rights,” Sheriff Marté said in a statement. “Our Standard Operating Procedure does exactly that.”
Rokita claims the Monroe County Sheriff’s Department and Sheriff Marté are not properly enforcing federal immigration laws and “violated Indiana law by implementing a policy which limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.”
Per a release, attorneys from the Monroe County Legal Department and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center will represent the sheriff’s department during its legal battle with Rokita.
According to the complaint, the rule in question — MCSO-12 — was promulgated by Sheriff Marte on June 29. Rokita’s office claims the rule could “prohibit or limit voluntary cooperation by personnel of the Monroe County Sheriff’s Office with federal officials in the enforcement of federal immigration laws.”
Rokita filed the lawsuit in July. He says the immigration policy of the sheriff violates state law.
The sheriff says the policy was crafted to comply with all laws and the Fourth Amendment.
Per the complaint, MCSO-12 mandates that deputies not engage in immigration or citizenship status enforcement unless required to do so by law. The complaint also claims that MCSO-12 prohibits deputies from attempting to gather information on the citizenship or immigration statuses of the individuals they interact with on the job unless they are required to do so in the execution of their official duties.
Rokita’s complaint claims MCSO-12 restricts deputies’ ability to cooperate with federal agencies and assist in enforcing federal immigration laws. Such restriction is a violation of Indiana Code 5-2-18.2-3, according to the complaint.
Indiana Code 5-2-18.2-3 stipulates that a governmental body may not enact regulations that restrict other agencies from taking certain actions regarding information on an individual’s citizenship status.
The complaint also indicates MCSO-12 violates Indiana Code 5-2-18.2-4, which states governmental bodies may not limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.
Rokita’s complaint alleges that because MCSO-12 violates multiple Indiana Codes, it injures the State of Indiana “by violating the sovereignty of the State.”
