Indiana Attorney General Todd Rokita filed a lawsuit Tuesday against the East Chicago Common Council to comply with federal immigration law.
In May, Rokita sent East Chicago, Gary, West Lafayette and Monroe County officials a letter to rescind ordinances about immigration or the cities and county would face legal action.
As of July 1, under Senate Bill 181, Rokita can file lawsuits aimed at forcing governmental entities and educational institutions to comply with federal immigration authorities.
The lawsuit against the East Chicago Common Council, which is the first lawsuit Rokita has filed against the four governmental bodies, stems from a 2017 ordinance the council enacted.
“This week, my office filed a lawsuit against East Chicago because its leaders continue to operate their city as a sanctuary city,” Rokita said in a statement. “As we continue to evaluate other local governments, this may not be the last lawsuit we file on this issue.”
The lawsuit alleges the city of East Chicago Common Council violates Indiana law “by maintaining an ordinance that restricts taking certain actions regarding information of citizenship or immigration status and limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.”
The East Chicago ordinance, which was enacted on June 26, 2017, aims to prohibit and limit officials from cooperating with federal officials while enforcing federal immigration laws, according to the lawsuit.
The ordinance restricts officials from requesting “information about or otherwise investigate or assist in the investigation of the citizenship or immigration status of any person,” according to the lawsuit.
The East Chicago ordinance also states officials cannot “support or assist in any capacity with immigration enforcement operations” regarding anyone who may be the subject of an immigration investigation, according to the lawsuit.
Regarding the U.S. Immigration and Customs Enforcement, the East Chicago ordinance prohibits officials from cooperating with the immigration agency, unless presented with a criminal warrant, according to the lawsuit.
Unless a criminal warrant is presented, East Chicago officials cannot help ICE with accessing someone under the city’s custody, transfer someone to ICE custody, permit ICE agents to use facilities, equipment, databases or share information in most cases, or spend time responding to ICE inquiries, according to the lawsuit.
The lawsuit alleges that the East Chicago ordinance violatesthe Indiana Code that states a governmental body “may not enact or implement an ordinance, a resolution, a rule, or a policy that prohibits or in any way restricts another governmental body … including a law enforcement officer, a state or local official, or a state or local government employee” from taking actions regarding information of citizenship or immigration status.
Councilmen Kenneth Monroe and Terence Hill said they had no comment on the lawsuit.
Sen. Lonnie Randolph, D-East Chicago, questioned why Rokita singled out East Chicago in the lawsuit and what evidence he has to back up his case.
Roktia was elected to protect the citizens of Indiana, not to take legal action against them, Randolph said.
“That’s beyond his jurisdiction to do so,” Randolph said. “He’s not protecting the citizens, he’s treating them like criminals.”
akukulka@chicagotribune.com