Indiana Attorney General Todd Rokita recently sent a cease-and-desist letter to the Town Council of the Town of Merrillville, warning that its actions to block U.S. Immigration and Customs Enforcement (ICE) from establishing new detention space violate state law and undermine public safety.
“As I’ve made very clear, Indiana will not tolerate any kind of sanctuary-style obstruction of immigration enforcement from local government officials,” said Attorney General Rokita. “Merrillville’s efforts to sabotage ICE’s attempts to create new detention space for illegal aliens are unlawful. Under the FAIRNESS Act and Indiana’s anti-sanctuary laws, local officials cannot impede federal authorities’ efforts to crack down on illegal immigration and carry out mass deportations. If they don’t change course immediately, we will hold them accountable.”
On January 27, 2026, the Merrillville Town Council enacted Resolution No. 26-02, declaring opposition to the creation of any new ICE processing or detention facilities within the Town. Council President Rick Bella reinforced the town’s stance in a public message, ordinances emphasizing that the Town Council’s position is that “Merrillville is not an appropriate location for such a facility.”
Since then, reports received by the Attorney General’s Office indicate that Merrillville officials have contacted property owners and entities involved in potential ICE real estate transactions to discourage deals, causing fear among some property owners that they will face retaliation if they sell property to ICE. Multiple transactions reportedly fell through as a result.
These actions unlawfully limit and restrict federal immigration enforcement efforts. Federal statutes authorize ICE to acquire and operate detention facilities, and the Supremacy Clause of the U.S. Constitution preempts conflicting local restrictions.
Attorney General Rokita’s action aligns with other statewide initiatives to support federal immigration enforcement. The state of Indiana has partnered with ICE to expand detention capacity at the Miami Correctional Facility, helping strengthen public safety across Indiana. Merrillville’s obstructionist approach stands in direct opposition to those efforts. Enhanced immigration enforcement requires more detention space, and Merrillville is attempting to prevent the creation of new detention capacity. That is not permissible under Indiana law.
The Office of Attorney General’s letter demands that Merrillville immediately:
Rescind Resolution No. 26-02;
Cease all efforts to discourage or interfere with real estate transactions between ICE and local property owners; and
Issue a public statement assuring property owners that the Town will not oppose any real estate transactions with ICE or retaliate against property owners who engage in those transactions.
Failure to comply by July 15, 2026, will result in legal action, including a lawsuit to compel compliance and seek civil penalties.
UPDATE – Statement regarding Indiana Attorney General
The elected and appointed officials of Merrillville have received the Indiana Attorney General’s letter regarding Resolution No. 26-02. The Town of Merrillville is fully committed to following the organic and statutory laws of the State of indiana as well as the United States, this includes the provisions of IC 5-2-18.2.
At no time was it the intention of the Town Council nor its appointed officials to violate any provision of IC 5-2-18.2 et seg. Resolution No. 26-02 expresses the sense of the Town Council. It was an effort to opine on the matter of detention facilities in the Town of Merrillville. The resolution does not legislate or create any rule or policy prohibited in IC 5-2-18.2 et seq. Further, under Home Rule, ordinances are required to pass regulations or rules that have the force of law. Resolutions are used for expressions of policy or in this case, expressions of opinion showing the sense of the town legislative body.
We are frankly surprised by the letter from the Indiana Attorney General as well as the timing of it. The Town Council passed Resolution No. 26-02 six months ago. The Attorey General’s letter also comes as Merrillville leaders are actively managing one of the largest disaster recovery efforts in the town’s history following the June 11 confirmed EF2-tornado, which destroyed more than 200 buildings in Merrillville and damaged more than 160 others.
As always, the officials of the Town of Merrillville fully and wholeheartedly intend to honor and adhere to all laws of the State of Indiana, and the United States. We are oath bound to do so. We hope that the Indiana Attorney General agrees with us that this expression of the opinion of the Town Council of Merrillville, not having the force of law, but expressing its sense on a matter of great public import, is consistent with the First Amendment of the United States Constitution, Article I, Sec. 9 of the Indiana Constitution and not at all violative of IC 5-2-18.2 et seq.
