State Clarifies Anti-Sanctuary Law
The Indiana Attorney General’s office is providing new guidance to Indiana sheriffs on their obligations under Indiana’s anti-sanctuary law following the improper release of an illegal alien from the Randolph County Jail.
“When Indiana law enforcement agencies encounter illegal aliens wanted for immigration-related crimes or civil violations, they cannot limit their cooperation with federal authorities,” Attorney General Todd Rokita said. “In this case, the release of this criminal alien should’ve never occurred.”
As the state’s top legal officer, Rokita is responsible for enforcing the state’s anti-sanctuary law implicated in the Randolph County incident.
Rokita has brought lawsuits against the sheriffs of Monroe and St. Joseph counties over their policies and practices of refusing to cooperate with federal immigration authorities. For the time being, he has issued warnings to other agencies that have committed violations mistakenly rather than deliberately and willfully. By issuing the new guidance, Rokita is ensuring that all sheriffs are on notice about their obligations and that mistaken violations of state law will be less likely to occur.
“This improper release of a wanted criminal alien likely would not have happened had the Indiana State Senate Judiciary Committee Chairwoman done her job and passed House Bill 1531 like Hoosiers wanted the General Assembly to do,” Rokita said. “Sen. Liz Brown had an opportunity to add clarity and teeth to current provisions, which would’ve helped keep Indiana communities safer and given sheriffs reassurance about their authority to cooperate with federal immigration officials.”
On May 28, the Randolph County Jail released Marcio Romero Torres after only seven hours. Torres, an illegal alien, is wanted by federal authorities for multiple felonies, including alleged hostage taking — facts discovered by a Union City police officer who took Torres to jail following a traffic stop.
Rokita said, “under well-settled federal and state law, a jail can maintain custody of an individual who the jail knows is the subject of a federal arrest warrant for 48 hours — or longer with a copy of the warrant in hand.” He added that if “a sheriff was to deliberately adopt a policy or practice of releasing individuals in circumstances like those that occurred in Randolph County, he would be in violation of Indiana law.
The guidance Rokita sent to sheriffs explains both what sheriffs are permitted to do with respect to the detention of illegal aliens and individuals wanted for immigration crimes as well as what sheriffs are prohibited from doing under state law. Clear legal guidance on these matters will help sheriffs keep their counties safe.