The Monroe County Sheriff’s Office has amended its immigration enforcement policy to comply with a new state law.
Gov. Mike Braun signed House Bill 1393, which requires cooperation between local and federal authorities when enforcing immigration law.
To comply with the law, the updated policy says the sheriff’s office will not restrict any employee from communicating or cooperating with federal officials, maintaining citizenship information, or exchanging information with another local, state, or federal government body.
Further, if an officer arrests someone for a felony or misdemeanor and finds probable cause to believe the person is not lawfully present in the United States, then the sheriff must be notified during the intake process. The sheriff will be required to report that information to the proper government body. The updated policy also states county officers should not make any threats of immigration actions to a non-citizen or suspected non-citizen.
The sheriff’s office maintains that it is generally not the responsibility of the department to notify federal immigration officers when a non-citizen is taken into custody unless required to do so by law.
“Immigration and citizenship status is primarily an issue of federal law and enforced by federal authorities,” the policy states. “It is the policy of this Department to treat all individuals fairly and equally, during law enforcement encounters, regardless of their immigration or citizenship status.”
The attorney general’s office has argued the sheriff’s original policy contradicted itself in some sections.
Read more: Monroe Co sheriff calls Rokita complaint "baseless," asks court to dismiss
Judge Lucas Rudisill has yet to make a ruling on Rokita’s ongoing suit against Sheriff Ruben Marté.
Each side presented its preferred solution at a May 2 hearing. Judge Rudisill said he would make a final ruling on the case sometime after May 7.
In an email to WFIU/WTIU News, county attorney Justin Roddye said the policy was amended to comply with new state law and submitted to the court so that it was aware the policy it was reviewing had been updated.
“I do not believe this change to policy has any effect on the current litigation, nor the Sheriff’s Office position on these issues as a whole,” Roddye said.
You can read the updated policy below.
