Indiana’s attorney general has initiated legal action against the town of Merrillville for its resistance to the establishment of a potential U.S. Immigration and Customs Enforcement (ICE) detention center. Todd Rokita, a Republican and vocal supporter of former President Donald Trump, filed the lawsuit last week, citing the recently enacted Fairness Act, which prohibits local sanctuary policies, requires cooperation with federal immigration enforcement, and penalizes employers who knowingly hire unauthorized workers.
The dispute centers on a resolution passed in January by the Merrillville Town Council opposing the conversion of large industrial warehouses into ICE processing or detention facilities. This site was mentioned in a recent report as a potential location for such a center. After the council rejected Rokita’s demand to rescind the resolution earlier this month, citing state law compliance, the attorney general pursued legal action.
Rokita criticized Merrillville’s stance, accusing local officials of obstructing justice and prioritizing the interests of undocumented immigrants over public safety. “We requested that Merrillville comply with state law, and they refused, choosing instead to play games, effectively aid and abet criminal illegal aliens, and making the illegals’ evasion of justice a higher priority than the safety of taxpayers throughout the region,” Rokita said in a news release.
Merrillville Councilperson Keesha Hardaway defended the council’s decision, framing it as an exercise of free speech and representation. “I just feel as if this violates our First Amendment right on freedom of speech. We represent 5,000 residents each, and we are their voice, and he is trying to squelch the voices of the town of Merrillville, and I will not tolerate that,” Hardaway said.
The legal confrontation is part of a broader pattern, with Rokita previously warning or suing other Indiana entities that have limited ICE operations. These include Indianapolis Public Schools, the Indianapolis-Marion City Council, and Monroe County. Meanwhile, the Department of Homeland Security stated that it has no current plans to open new detention centers in Merrillville.
Community activists also voiced support for Merrillville’s opposition. Lali Cuevas, founder of the Northwest Indiana Community Response Team, described concerns that an ICE detention center would intensify fear and mistrust among local residents. “People are already living in fear. Children not attending school, families unable to move about freely. And so with the detention center, that’s really going to cause even more mistrust,” Cuevas said.
The issue of ICE detention centers has drawn national scrutiny amid allegations of mistreatment and abuse within facilities. Recently, the American Civil Liberties Union of Indiana filed lawsuits on behalf of an inmate at the Miami Correctional Facility, north of Indianapolis, following claims of medical neglect and use of pepper spray. The ACLU is also assessing whether Rokita’s lawsuit against Merrillville infringes on First Amendment protections.
U.S. Representative Frank J. Mrvan, a Democrat who represents Northwest Indiana, criticized the federal government for failing to consult local leaders before proposing the detention center. He urged the administration to abandon plans to convert commercial properties into immigration detention facilities in the district, emphasizing community concerns ahead of his reelection bid.