According to a report in the Bloomington Herald Times, in the face of legal pressure from Indiana Attorney General Todd Rokita, Monroe County Sheriff Ruben Marté has refused to back down on policies that limit the county’s role in federal immigration enforcement. Supported by two county attorneys and a constitutional law expert from Georgetown University, Marté is standing firm, challenging Rokita’s legal actions in court.

At the center of the dispute are policies implemented by the Monroe County Jail, which prohibit sheriff’s office employees from detaining individuals solely based on non-criminal or administrative Immigration and Customs Enforcement (ICE) detainers.

Furthermore, the jail is prohibited from holding anyone beyond their scheduled release date under such detainers. These policies have been the subject of Rokita’s ire since May, when he issued a letter threatening legal action if Marté did not amend them.

Rokita’s lawsuit, filed in July, argues that these local policies interfere with federal immigration laws and violate a newly enacted Indiana state law. The law prohibits government agencies from enacting policies that restrict the exchange of information regarding an individual’s citizenship or immigration status. Rokita claims that Marté’s policies prevent county staff from fully complying with federal immigration authorities, thereby infringing on state law.

However, Marté and his legal team pushed back with a 52-page motion to dismiss the lawsuit, arguing that the state attorney general’s claims are constitutionally flawed. The motion emphasizes that holding individuals based solely on federal administrative detainers, without probable cause approved by a judge, violates both the U.S. Constitution’s Fourth Amendment and Indiana’s state constitution.

“The Attorney General’s lawsuit asks this court to force the sheriff to divert his limited resources away from fighting and investigating crime and towards helping the federal government with its responsibility to enforce civil immigration laws,” the motion states, warning that such a shift would undermine public safety in Monroe County.

Marté asserts that his department should not become an arm of federal immigration enforcement, as doing so would erode trust between law enforcement and the community. His motion highlights concerns that residents, particularly those in immigrant communities, may feel less inclined to report crimes or cooperate with local police if they fear deportation.

There have been no court hearings scheduled yet, and the case has already seen some judicial reshuffling. Monroe Circuit Judge Kara Krothe recused herself shortly after the lawsuit was filed, and Greene Circuit Judge Erik Allen has appointed Magistrate Lucas Rudisill to preside as special judge.

In the motion to dismiss, Marté and his attorneys argue that Rokita’s case lacks clarity and does not properly identify any specific provisions in the county’s policies that violate state law. They further warn that forcing Monroe County to hold individuals based on non-criminal grounds without judicial approval could expose the county to civil rights lawsuits, posing financial risks for the sheriff’s office.

As the legal battle unfolds, Marté remains steadfast in his commitment to public safety and constitutional rights, signaling his refusal to comply with state-level demands that conflict with federal law and community interests.