By Marilyn Odendahl
The Indiana Citizen
June 30, 2026
Even while continuing to dig out from a June 11 tornado that ripped apart homes and businesses, the town of Merrillville appears to be standing firm against the threat of a lawsuit from Indiana Attorney General Todd Rokita.
Rokita sent a letter to Town Council President Rick Bella on June 24, warning that Merrillville would be sued if local officials did not rescind a resolution and stop alleged actions that are inhibiting the potential opening of a processing or detention facility by U.S. Immigration and Customs Enforcement officials in the community.
In the cease-and-desist letter, Rokita said “the Office of the Attorney General has cause to believe” Merrillville is restricting the enforcement of federal immigration laws in violation of Indiana Code 5-2-18.2-4. Rokita does not cite any specific instances or offer any evidence, but rather said his office has “received reports that indicate Merrillville” has been interfering with plans to create a new federal immigration detention facility in that town.
The attorney general is asking the Northwest Indiana community to revoke Resolution 26-02, which was passed in January and states Merrillville’s opposition to ICE holding immigrant detainees in the town. Also, Rokita is requesting local officials stop allegedly preventing property owners from selling land to federal authorities and issue a public statement making clear property owners can sell to ICE without any fear of retaliation from the municipality.
Merrillville has to “provide a satisfactory response” by July 15, Rokita said, or likely face a lawsuit and civil penalties.
“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,” Rokita said in a press release. “If they don’t change course immediately, we will hold them accountable.”
In a June 29 statement, Merrillville said it is “fully committed” to following state and federal laws, including Indiana Code 5-2-18.2 and that the council members or their appointed officials never intended to violate that statute. Also, Merrillville’s statement said the resolution does not carry any enforcement power but rather was meant to express local opposition to a possible ICE facility.
“The resolution does not legislate or create any rule or policy prohibited (by state law),” Merrillville said in the statement. “Further, under Home Rule, ordinances are required to pass regulations or rules that have the force of law. Resolutions are used to express of policy or in this case, expressions of opinion showing the sense of the town legislative body.”
Council members unanimously passed the resolution about a month after The Washington Post reported Merrillville was among the sites the Trump administration was planning to use as part of the effort to streamline deportations. Under the plan, industrial warehouses would have been converted to holding facilities for immigrant detainees who were being removed from the country. Merrillville was one of 16 communities where a processing site with 500 to 1,500 beds would be located.
However, by June, ICE was pulling back on the plan to turn warehouses into detention centers, according to The Washington Post.
The Merrillville resolution stated the town council “unequivocally opposes” the opening of an ICE facility in the community. Also, the resolution said the community would not be an appropriate spot for a detainee processing center, in part because industrial warehouses are not intended for human occupancy and such a facility “would place unanticipated demands” on the town’s water, sewer, public safety services and other resources.
At the January town council meeting when the resolution was adopted, 18 individuals who either lived in Merrillville or a nearby municipality spoke against ICE operating a facility in their community. People raised concerns about the appropriateness of holding detainees in a warehouse, the lack of due process in current deportations, the fear that would be instilled in local residents and the potential for violence to erupt. One resident told the council to “be proactive” and take steps to prevent the processing center from being placed in Merrillville, rather than ignoring the issue until the facility was ready for detainees.
In a statement, Ward 6 councilor Shawn Pettit pointed out Merrillville typically looks to industrial development to bring new jobs and economic growth to the community.
“A detention or processing facility delivers none of these,” Pettit said. “Instead, it represents a negative use that goes against economic development.”
Rokita’s letter arrived about two weeks after an EF-2 tornado, which can carry winds up to 135 mph, swept through Merrillville, destroying more than 200 buildings and damaging more than 160 others. The statement in response to the attorney general’s letter noted town leaders, who are “actively managing one of the largest disaster recovery efforts” in Merrillville’s history, were “frankly surprised” by the content and timing of Rokita’s letter.
While maintaining local officials will follow all Indiana laws, the response reiterated resolutions are meant to convey beliefs and viewpoints.
“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 1, Sec. 9 of the Indiana Constitution and not at all violative of IC 5-2-18.2 et seq.,” the Merrillville statement said.
Pointing to state statute, federal law and court precedent, Rokita told the town council that Merrillville could not block ICE from creating a new detention center. He also said federal authorities have told his office that within the past four months, local officials have interrupted multiple real estate transactions by discouraging or intimidating property owners from selling to ICE.
“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 a press release. “Merrillville’s efforts to sabotage ICE’s attempts to create new detention space for illegal aliens are unlawful.”
Dwight Adams, an editor and writer based in Indianapolis, edited this article. He is a former content editor, copy editor and digital producer at The Indianapolis Star and IndyStar.com, and worked as a planner for other newspapers, including the Louisville Courier Journal.
The Indiana Citizen is a nonpartisan, nonprofit platform dedicated to increasing the number of informed and engaged Hoosier citizens. We are operated by the Indiana Citizen Education Foundation, Inc., a 501(c)(3) public charity. For questions about the story, contact Marilyn Odendahl at marilyn.odendahl@indianacitizen.org
