Attorney General Todd Rokita is urging Indiana lawmakers to give him broad new powers to compel local units of government to cooperate with all immigration enforcement efforts.
The Republican declared last week he intends to push the Republican-controlled General Assembly to approve next year a package of immigration enforcement policies that failed to make it across the finish line earlier this year as House Bill 1531.
"Every state is now a border state. So all of us need to get involved. We don't have time to waste," Rokita said. "Indiana does have an opportunity, and a moral duty, to combat illegal immigration permanently, along with our federal partners."
Under Rokita's plan, local units of government and state educational institutions would be required to fully support the enforcement of federal immigration laws, regardless of whether the enforcement is carried out by a federal, state or local law enforcement agency.
The measure does not currently obligate sheriffs and mayors to turn their police officers into an arm of U.S. Immigration and Customs Enforcement (ICE). Though Republican Gov. Mike Braun already has deputized the state police for immigration enforcement and likely would not look askance at a similar mandate for local police.
"Cooperation with ICE should be part of every sheriff and every law enforcement's daily work. It should be routine," Rokita said.
The legislation further authorizes Rokita to seek a court order to halt anything he believes is non-cooperation with ICE, especially the failure to comply with ICE requests to detain certain individuals.
It also eliminates the current requirement that such non-cooperation be knowing or intentional — setting up local officials to take the blame any time ICE is thwarted by real or perceived enforcement obstacles.
In some circumstances, the locality could be fined $10,000 for each incident, and Rokita would be authorized to recommend to Braun that the distribution of all grants and other state funding allocated to the locality be suspended for up to one year.
"It's the decisive state-level action Indiana urgently needs to restore safety, security and fairness for every Hoosier community," Rokita said.
The measure additionally provides potential new penalties for Hoosier businesses that employ individuals lacking legal status in the United States, including the temporary or permanent loss of business operating authorizations.
Though most businesses would have multiple opportunities to come into compliance before facing any penalties. Businesses employing fewer than 10 workers would be exempt, according to the legislation.
"These deportations (will) create job openings for our own citizens and probably will do so at higher wages," Rokita said.
Rokita asserted he's ready to take on the role of a state-level immigration czar because he last year persuaded the common councils of East Chicago and Gary to repeal their 2017 "welcoming city" ordinances — which Rokita asserted were equivalent to sanctuary city policies even though prior litigation supported by Rokita's office failed to prevail on that claim.
"Make no mistake. When you give my office authority, we implement your intent," Rokita said. "With Governor Braun in office and President Trump back in the Oval, we can do a lot more."
"The fact of the matter is there is no country, and therefore no Indiana, if we don't have a defined border, one language and a common culture."
Rokita's remarks came prior to a St. Joseph Superior Court judge's ruling Friday that Rokita lacks legal standing to pursue allegations of ICE noncooperation because there's no direct injury to the state.
The attorney general's office said it's reviewing that ruling "and will take all appropriate steps to keep Hoosiers safe."
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