Rokita sues IPS for blocking ICE from schools. District says lawsuit is for 'political gain'

Indiana Attorney General Todd Rokita filed a lawsuit Thursday against Indianapolis Public Schools, claiming the district’s policies restricting cooperation with federal immigration authorities violate state law and threaten public safety.

The suit, filed in Marion Superior Court, accuses IPS of maintaining policies that prevent staff from helping U.S. Immigration and Customs Enforcement agents, or ICE. The district bars officers from entering schools without a judicial warrant and prohibits employees from collecting or sharing information about students’ immigration status.

States cannot exclude children from a K-12 public education solely because of their immigration status.

Rokita said in a video statement that IPS’s policies amount to illegal “sanctuary” rules. He said the goal of the lawsuit is to compel the district to comply with Indiana’s 2011 anti-sanctuary law, which forbids local governments from limiting cooperation with federal immigration officials.

"IPS currently maintains policies, unfortunately, that frustrate ICE's ability to do its job. It severely limits ICE's ability to access school grounds when necessary and prohibits IPS employees from assisting or sharing information with ICE,” Rokita said, later adding: “We warned IPS to stop these sanctuary policies or face the consequences in court.”

In a statement, the Indianapolis Public Schools Board said it has been collaborating with the Rokita's office to review relevant policies and procedures. The district said Rokita took six months to craft his opinion but gave IPS only five business days to respond and then denied a request for more time.

“These important issues deserve thoughtful, deliberative weighing of important legal rights — not impulsive, superficial efforts for political gain," the board said in a statement.

The complaint, filed with support from the America First Policy Institute — a conservative Washington, D.C.-based think tank led by former Trump administration officials — seeks an injunction ordering IPS to end what the state describes as unlawful restrictions on communication and cooperation with federal authorities.

According to the filing, Rokita’s office investigated IPS after a January 2025 incident in which federal agents attempted to deport a Honduran father who had agreed to leave the country voluntarily. The lawsuit claims the district’s staff refused to release the man’s child to him without a judicial order, hindering the deportation. The complaint alleges the father missed his flight and remained in the U.S. because of the district’s actions.

The state argues that IPS’s policies — including a 2017 resolution and a 2025 staff protocol on responding to law enforcement — illegally restrict employees from cooperating with ICE or maintaining immigration-related information. Rokita contends those rules “pose grave risks to public safety” and could make schools havens for “criminal illegal aliens.”

In January, IPS leaders said the district would not allow ICE agents into schools without a warrant signed by a judge and would not collect or share information about students’ immigration status. Officials said the policies are meant to protect students and comply with the federal Family Educational Rights and Privacy Act, which safeguards student records.

In the Thursday statement, IPS Board said it is “deeply offended” that the Attorney General “persists in willfully dehumanizing our children and their families” by labeling them as “aliens.”

“Our students are invaluable, unique, and bright human beings who enrich our schools and our community,” the statement said.

“While IPS takes all legal obligations seriously, we respectfully hope that all concerned parties will recognize the heavy burden that silly litigation and political posturing places on students, families, and taxpayers,” the board said. “Every dollar spent on defensive legal posture is a dollar not spent on instructional support, teacher development, student services, or enrichment. In this case, Mr. Rokita prefers those dollars go to fight gratuitous political battles, as has too often been the case.”

In response to the lawsuit, the state’s largest teachers union — the Indiana State Teachers Association — said every child regardless of background or immigration status has a right to a safe, welcoming public school and educators have a professional and moral duty to protect students.

“ISTA stands with Indianapolis Public Schools and its educators who are working every day to uphold these values. Turning schools into extensions of immigration enforcement threatens that trust and undermines the learning environment every student deserves,” the statement read. “Our focus must remain on educating and protecting students, not politicizing their safety.”

The lawsuit seeks a preliminary injunction that would immediately bar IPS from enforcing the policies while the case proceeds.

Rokita’s office has taken similar action against other Indiana entities it accuses of violating the state’s anti-sanctuary law, including the Monroe and St. Joseph county sheriffs.

Eric Weddle is WFYI's education editor. Contact Eric at eweddle@wfyi.org or follow him on X at @ericweddle.