MERRILLVILLE, Ind. — Indiana Attorney General Todd Rokita has escalated a months-long fight with the Merrillville Town Council over local opposition to a reported U.S. Immigration and Customs Enforcement detention or processing site, moving from a June cease-and-desist letter to a July lawsuit that the town says targets a nonbinding expression of opinion.

Key facts

Region News Source reported June 29 that Rokita’s office demanded Merrillville stop what he called unlawful interference with federal immigration enforcement. Council President Rick Bella reinforced the January stance, saying Merrillville “is not an appropriate location for such a facility,” according to Region News Source and The Times of Northwest Indiana.

“As I’ve made very clear, Indiana will not tolerate any kind of sanctuary-style obstruction of immigration enforcement from local government officials,” Rokita said in the statement both outlets carried. “Merrillville’s efforts to sabotage ICE’s attempts to create new detention space for illegal aliens are unlawful.”

Rokita tied the demand to Indiana’s anti-sanctuary framework, including the FAIRNESS Act and Indiana Code § 5-2-18.2, arguing local officials may not limit federal immigration enforcement “in any way.” His letter ordered the town to rescind Resolution 26-02, stop discouraging real-estate deals involving ICE, and issue a public assurance that property owners who sell to federal authorities will not face town retaliation.

The attorney general’s office also said reports indicated Merrillville officials had contacted property owners and others involved in potential ICE transactions, causing some deals to fall through. The Times later reported that Rokita’s lawsuit evidence included an alleged email from Councilor Shawn Pettit, routed through Town Attorney Joe Svetanoff, seeking a written commitment from Opus — identified as the owner of a Mississippi Street warehouse under discussion — “to commit to no detention facility in town.” Rokita alleged Opus then told a Homeland Security-linked broker it would cease sale negotiations. In February, Opus told the council it was not then negotiating a sale or lease of that building for immigration detention, The Times reported. ICE has not independently confirmed the transaction claims in the coverage reviewed for this draft.

Region News Source noted that Rokita cast Merrillville’s stance against a statewide push to expand detention capacity, including Indiana’s partnership with ICE at the Miami Correctional Facility. The AG’s office argued that blocking new local capacity conflicts with that effort and with federal authority to acquire detention space, which Rokita said the Supremacy Clause protects from conflicting local limits.

Merrillville answered that Resolution 26-02 was an expression of the council’s sense — not a binding ordinance — and that the town intends to follow Indiana Code § 5-2-18.2 and federal law. “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,” the town’s statement said. Officials said they were “frankly surprised” by the letter’s timing, coming while the town managed recovery from a June 11 EF2 tornado that destroyed more than 200 buildings and damaged more than 160 others.

On July 14, the council unanimously tabled a follow-up measure that would have rescinded Resolution 26-02, The Times’ Jenene Grover reported. “We represent 5,000 residents each,” Councilor Keesha Hardaway said. “We are our voice, and we are their voice. And [Rokita] is trying to squelch the voices of the Town of Merrillville.”

Rokita filed suit July 30, The Times’ Ryan Hansen reported. The complaint alleges the resolution and related steps successfully intervened in ICE real-estate efforts in violation of state law. Asked about the town’s free-speech defense, Rokita told The Times the case has “nothing to do with free speech” and instead concerns “veiled threats from elected officials.”