Indiana Attorney General Todd Rokita is suing the town council of Merrillville for claims local officials are interfering with U.S. Immigration and Customs Enforcement operations.
The lawsuit is the first to put the state's most recently enacted immigration law to the test.
The 23-page court filing cites the FAIRNESS Act that prohibits local government, schools and law enforcement from impeding ICE operations. The new law strengthens the state's ability to eliminate sanctuary cities.
The lawsuit lists two Merrillville property owners — Opus Development Company and Tradeline Properties LLC — that Rokita claims town officials prevented potential sales of facilities to the U.S. Department of Homeland Security.
"We requested that Merrillville comply with state law and they refused, choosing instead to play games, effectively aid and abet criminal illegal aliens, and making the illegals' evasion of justice a higher priority than the safety of taxpayers throughout the region," Rokita said in a new release.
Rokita says he is seeking civil penalties of $10,000 for each violation of state law and the court to compel the town to comply with the law.
At a council meeting this week, councilor Shawn Pettit said another real estate firm, Crow Holdings, that has warehouses locally was contacted by the attorney general's office. Pettit said he will reach out to the company for answers.
"Find out why is the attorney general sending a certified letter to Crow Holdings," Pettit said. "As you might know, building four is still empty out at [The] Silos at Sanders Farm, and so we still need to keep an eye on this situation."
Merrillville Town Council passed the resolution in January opposing the conversion of existing industrial warehouses for detaining people, with concerns about using buildings not intended for human occupation.
The resolution does not prevent ICE from purchasing buildings or developing a detention facility in the town, but Rokita claims officials have interfered in potential real estate transactions.
In June, Rokita sent a letter to the town of Merrillville to rescind the resolution by July 15 or face potential legal action.
The council did consider rescinding the resolution, but tabled it for later deliberation.
Contact WFYI All Things Considered newscaster and reporter Samantha Horton at shorton@wfyi.org or on Signal at SamHorton.05
