Attorney General Todd Rokita is telling police officers that arresting and detaining people for driving without a license is allowed by state law.
A news release announcing Rokita’s advisory opinion said it could apply to people in the country illegally. Undocumented immigrants stopped by police while driving — but not taken into custody — is a frequent complaint of advocates for hardline enforcement of immigration laws.
Rokita said driving without a license is different than other misdemeanors involving motor vehicles. In those cases, the person signs a promise to appear in court and is not taken into custody. But, Rokita said, Indiana law requires the person’s driver’s license number to be included on the promise to appear in court.
If someone doesn’t have a driver’s license and thus cannot complete that part of the form, law enforcement may detain them, the opinion says.
