Monroe County sheriff files a lawsuit against Indiana immigration bill

BLOOMINGTON, Ind. (WISH) – Monroe County Sheriff Ruben Marté is suing Indiana Attorney General Todd Rokita in relation to the passing of Senate Bill 76 . The lawsuit was filed Wednesday. Senate Bill 76, signed into law in March, would require schools, police, and local governments to coordinate and cooperate with federal immigration officials. The complaint says that Senate Bill 76 “would require Marté to violate the Fourth Amendment to the U.S. Constitution because the law mandates that he and his officers detain individuals subject to a federal immigration detainer request without a judicial warrant or probable cause that the individuals have committed any crime.” Marté said in the complaint that he “cannot order his officers to comply with SEA 76 without violating his oath to protect and uphold the Constitution and exposing the Monroe County Sheriff’s Office (“MCSO”) to significant civil liability from suits by individuals whose rights would be violated by the unlawful detentions.” Marté created a policy for his deputies to not follow U.S. Immigration and Customs Enforcement detainment requests without a judicial warrant. According to ICE, detainer requests include holding individuals up to 48 hours after their scheduled release so ICE can take custody. The complaint says that the new law would make Marté “and his officers detain individuals subject to a federal immigration detainer request without a judicial warrant or probable cause that the individuals have committed any crime.” Marté is seeking “a declaration that the ICE detainer mandate of SEA 76 violates the Constitution and an injunction to prevent the law from going into effect.” The lawsuit goes on to say, “ICE detainer requests are just that—requests. Consistent with the Tenth Amendment, they do not and cannot compel a state or local law enforcement agency to detain an individual.” In a statement, Attorney General Rokita said, “Sheriff Marté took an oath to uphold the laws of Indiana and the United States. Hoosiers deserve sheriffs who enforce the law fully and without selective carve-outs that put politics ahead of safety. Our office will vigorously defend the FAIRNESS Act, and we will use every tool provided by the FAIRNESS Act to ensure no Indiana county becomes a safe haven for illegal immigration.” The sheriff’s office declined an interview. Immigration attorney Katie Rosenberger said, “if he were to carry out this Indiana law, he would be violating the federal constitutional protections. If he failed to carry out the law, his office will face liability from the state of Indiana. So there’s a clear conflict, so I think it was a brave and correct move for him to address this in federal court. This isn’t the first time Monroe County’s Sheriff clashed with the Attorney General. In 2024, the AG filed a lawsuit against Marté for not enacting ICE policies, said the Sheriff violated Indiana’s ban on “sanctuary cities.”