Indiana Attorney General Todd Rokita threatens legal action against IPS, IMPD over immigration policies

Indiana Attorney General Todd Rokita has threatened to sue Indianapolis Public Schools and the Indianapolis Metropolitan Police Department over statements each made about cooperating with federal immigration authorities.

Both recently issued statements in response to a new directive from the Trump administration that allows immigration officers to arrest people in sensitive areas, including schools, churches, hospitals and child care centers.

IPS leaders said they will not allow U.S. Immigration and Customs Enforcement officers into schools without a judicial warrant. They also pledged that the district will not ask students and families about their immigration status and that student information is protected by the Family Educational Rights and Privacy Act. The district created a webpage to support undocumented students and their families.

Read more: Indiana's immigrant students still have a right to a free education. Here's how

Rokita said those stances go against Indiana law in a letter to the district.

“The restrictions that IPS has imposed on its own cooperation with federal immigration authorities cannot be squared with state law and must be changed,” Rokita wrote in the letter. “In particular, IPS may not, consistent with state law, refuse to share information with ICE related to an individual’s immigration status or otherwise decline to cooperate with ICE’s enforcement activities. If IPS persists in its noncompliance, I will bring legal action."

Under federal law, students have a right to free education and cannot be excluded from public schools due to their immigration status. Proposed state legislation would allow Indiana schools to deny enrollment to immigrant students, but the bill has not has yet to be heard in committee. 

An IPS spokesperson did not immediately respond to a request for comment.

Rokita also threatened a lawsuit against IMPD in a similar letter. Last month, IMPD stated that its officers are not involved in immigration enforcement operations and have no plans to participate.

Chief Chris Bailey emphasized in a statement that the department “does not have the authority to enforce immigration laws,” reaffirming its stance on the issue.

“IMPD has not been asked to take part in immigration sweeps, nor do we have any intention of doing so,” Bailey said in a statement. “This is not our role.”

Rokita’s office has already filed separate lawsuits against Monroe County Sheriff Ruben Marté and St. Joseph County Sheriff William Redman over immigration issues.

WFYI education reporter Sydney Dauphinais covers Marion County schools. Contact her at sdauphinais@wfyi.org.