MERRILLVILLE – In the first enforcement action taken under the new authorities created by the FAIRNESS Act, Attorney General Todd Rokita today filed a lawsuit against the Town Council of Merrillville over the Council’s unlawful actions to interfere with U.S. Immigration and Customs Enforcement’s (ICE) effort to create new detention space for illegal aliens.
As the Trump Administration undertakes large-scale deportation operations, federal authorities have sought to expand the detention space available to hold illegal aliens. Adequate detention space is critical for effective immigration enforcement. That is why Congress has appropriated billions of dollars since President Trump took office to fund new detention capacity, and ICE has sought to acquire property to create new detention facilities.
Merrillville is one site where ICE has worked to acquire property to create a new detention facility that would support its enforcement activities. However, the Town Council of Merrillville has opposed the establishment of new detention space in the Town and pursued a concerted and coordinated course of action to pressure Merrillville property owners not to sell to ICE, thereby thwarting its efforts. The Council’s actions violate state law.
On June 24, 2026, the Attorney General’s Office issued a cease-and-desist letter directing Merrillville to come into compliance with state law by ceasing all efforts to frustrate and impede property sales to ICE and making clear to property owners that the Town would not retaliate against anyone who sells property to federal authorities.
The Town Council refused to comply and made clear that it is doubling down on its unlawful course of conduct.
“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,” said Attorney General Rokita. “That’s illegal under Indiana law.”
The lawsuit seeks to compel full compliance with state law and impose civil penalties on the Council for its illegal actions.
The lawsuit continues the Attorney General’s robust enforcement of Indiana’s anti-sanctuary law and furthers the State’s commitment to support federal deportation efforts and protect the public from illegal aliens.
The Federation for American Immigration Reform, which assisted in the development of the FAIRNESS Act and is serving as outside counsel to the Attorney General on anti-sanctuary matters, voiced strong support for the action.
“The Federation for American Immigration Reform was proud to work with Attorney General Rokita to enact the FAIRNESS Act and is pleased to assist him as outside counsel as he exercises his authority under the new law to stop unlawful attempts by local governments to interfere with federal immigration enforcement,” Dale Wilcox, Executive Director, said. “Federal efforts to expand detention space are essential to mass deportations, and Merrillville’s efforts to block the creation of a new detention site must be stopped.”
