A judge rejected Monroe County Sheriff Ruben Marté’s motion to dismiss a lawsuit brought by Attorney General Todd Rokita.
Rokita’s suit, filed last summer, alleges the Monroe County Sheriff’s Office violates state law by encouraging department employees to not cooperate with federal officials enforcing immigration law. Marté has called the lawsuit baseless.
The judge’s order states it is conceivable that Rokita could win an injunction, so the case does not warrant being dismissed.
The sheriff’s office recently amended its immigration enforcement policy to comply with Gov. Mike Braun’s executive order requiring cooperation between local and federal officers on citizenship matters.
Read more: Sheriff adjusts immigration enforcement policy
The attorney general’s office has argued the sheriff’s office cannot simply copy state law word for word and act as if it is complying.
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.”
According to the judge’s order, Rokita’s court filings indicate an interest in pursuing discovery, which would allow for evidence collection and witness interviews.
If no discovery is desired, the court will move on to its final decision in the case.
