Indy Democrats clash with sheriff over holding ICE detainees in the jail

By Mary Claire Molloy

A routine budget hearing this week turned into a rebuke of Marion County Sheriff Kerry Forestal, who faced calls from residents and some members of the City-County Council to stop housing U.S. Immigration and Customs Enforcement detainees in the local jail.

“You’re throwing our immigrant neighbors in jail and your cooperation with outside federal agencies doesn’t make us any safer,” resident Anna Thomas said during a lengthy public comment session at the Sept. 3 Public Safety and Criminal Justice Committee meeting.

Some Democrats on the committee went so far as to say they wouldn’t vote to approve the sheriff’s annual budget unless he ended an agreement with the federal government to house ICE detainees, which currently leads to a payment of $75 per day for each detainee.

“I cannot in good conscience support you this year,” said Councilor Carlos Perkins, who represents residents in Pike and Washington townships.

Forestal, a Democrat who’s in his last term, faced more than an hour of questioning and public comment. He told councilors that he is upholding the law.

“Is there any way you could refuse to not hold them?” Councilor Brienne Delaney, who represents the north side, asked. “Or move them to another county?”

“I don’t believe we can,” the sheriff replied.
 

Forestal pointed to Gov. Mike Braun’s executive order on immigration and a letter from Indiana Attorney General Todd Rokita, who threatened to sue local sheriffs who don’t cooperate with federal immigration authorities. The attorney general has filed lawsuits against the sheriffs in Monroe and St. Joseph counties.

“He was clear his direction was not an opinion or idea,” Forestal told council members. “It was the law.”

The Trump administration, meanwhile, is on track to hit a record number of deportations this year. And Democratic-led Indianapolis has been part of that effort. Sheriff’s office records show from January to July, about 700 total people were detained by ICE in the Marion County Jail. Most spent a few days in custody here, though some were locked up for months.
 

Whenever the sheriff spoke, about 30 protesters held up flyers containing an image of his face. “MISSING PERSON,” they read. “Last seen trading courage and leadership to appease the MAGA agenda.”

The group, Live Free Indiana, is a coalition of local faith leaders and advocates. They also brought about 10 plastic skeletons — though the vertebrae didn’t make it past security at the City-County Building.

“We brought the spines because it’s unclear if the sheriff has the ability to stand up for the community,” Josh Riddick, one of the organizers, told Mirror Indy.
 

‘The right side of history’

Several committee members wanted to know if — and how — the sheriff could get out of the agreement used by ICE.

Frank Mascari, a Democrat who represents Beech Grove, said he texted a lawyer this question during the committee meeting.

“I will do what I can to stop the contract with the federal government,” Mascari said as the audience applauded.

Another Democrat, Councilor Dan Boots, said he understood the pressure the sheriff’s office is under. But he pressed Forestal to seek legal counsel and mount a defense against Rokita.

“I would encourage the sheriff’s office to explore this possibility and seek a true legal opinion on the constitutionality of the legal agreement and what (he’s) forced to do,” Boots said. “I believe there is some leeway there.”

Council Republicans, meanwhile, praised the sheriff for increasing staffing at the jail, even as his office waits to collect outside payments. The Indiana Department of Correction currently owes Marion County more than $1 million for using the jail to hold some people on behalf of the state.
 

“I understand you’re doing what you can with your position,” Republican Minority Leader Brian Mowery told Forestal.

Through June, records show, the sheriff’s office has billed ICE for more than $800,000. But that money goes into Indianapolis’ general fund, Forestal said: “We don’t benefit directly.”

Still, Councilor Crista Carlino said she wanted a written promise from Forestal to stop working with ICE.

“I think members of the committee would hold up things in order to be on the right side of history,” Carlino, who represents the west side, told Mirror Indy after the meeting.
 

Community members also pressed Forestal to end the agreement. They criticized him for failing to meet with them about the issue.

“While shutting his doors to tax-paying, law-abiding citizens, the sheriff has opened the doors of our jail to ICE,” said the Rev. Annettra Jones, the senior pastor at Scott United Methodist Church on the east side. “Detaining our loved ones, tearing families apart and then hiding behind laws that his own colleagues refuse to enforce.”

She quoted the Bible to the sheriff — Isaiah 10:1 and Matthew 25:40.

“When you harm immigrant families, when you deny due process, you do not just harm them, but you offend the God that created them,” Jones said. “We will not be ignored, we will not allow injustice to continue.”

Mirror Indy, a nonprofit newsroom, is funded through grants and donations from individuals, foundations and organizations.

Mirror Indy reporter Mary Claire Molloy covers health. Reach her at 317-721-7648 or email maryclaire.molloy@mirrorindy.org. Follow her on X @mcmolloy7.