Judge Blocks ICE Detainer Law in Monroe County

MONROE COUNTY, Ind. — For now, a state immigration enforcement law involving ICE detainers can’t be enforced in Monroe County.

It’s the latest development in an ongoing legal battle involving Monroe County Sheriff Ruben Marté and the Indiana Attorney General’s Office over Senate Enrolled Act 76 (SEA 76), also known as the FAIRNESS Act.

Monroe County Circuit Court Special Judge Luke Rudisill granted a preliminary injunction barring a provision of the law from going into effect. The narrow order affects only Monroe County and the Monroe County Sheriff’s Office.

Marté raised concerns that the ICE detainer provision is unconstitutional, as it requires his office to comply with federal immigration detainer requests without a warrant. He believes it represents a violation of the Fourth Amendment and would expose his office to significant civil liability.

He argued that complying with ICE detainer requests that do not have a warrant would amount to unlawful detention. Marté called it an “impossible” situation in which aspects of the bill may violate federal law while failing to enforce it would violate his oath to uphold state law.

Indiana Gov. Mike Braun signed SEA 76 into law in March, and the law went into effect on July 1. Some of its key provisions:

Local law enforcement agencies must comply with ICE detainer requests
Local governments and schools cannot restrict federal immigration enforcement
Attorney General can go after businesses that employ undocumented immigrants
Attorney General may impose civil penalties on groups suspected of hindering ICE

“The crux of the parties’ dispute over (ICE provision) appears to center on whether detentions and/or arrests made by state and local law enforcement officers pursuant to ICE Detainer Requests are and/or should be recognized civil law exception to the general prohibition against detention without probable cause of criminal violation and without probable cause determination by neutral and detached magistrate,” Rudisill wrote.

The judge also outlined why the injunction applies only to Monroe County, writing, “SEA 76 has been set to become in the State of Indiana law since March 5, 2026, and other sheriffs and local law enforcement leaders have been able to pursue relief from its application since that time. Sheriff Marté points to no other pending litigation that has been stalled or incapable of reaching resolution prior to July 1, 2026. It is not this Court’s objective to pursue relief on behalf of professional individuals who are presumed to have knowledge of the law and the means to seek relief from it.”

Indiana Attorney General Todd Rokita and his office took legal action against the Monroe County Sheriff’s Office in 2024, accusing Marté and his office of failing to properly enforce federal immigration laws. That touched off a legal battle that saw the sheriff’s office file a federal lawsuit over SEA 76 in April.

Rokita said the law is intended to protect Hoosiers and strengthen state and local compliance with federal immigration officials.

Marté responded to the judge’s decision with a lengthy statement:

Today, the Monroe Circuit Court granted our request for a preliminary injunction preventing enforcement of the mandatory detainer provision of Indiana Senate Enrolled Act 76 as it applies to the Monroe County Sheriff’s Office. I respect the Court’s thoughtful and well-reasoned decision, and I appreciate the careful consideration Special Judge Luke Rudisill gave to the important constitutional issues presented.

From the very beginning, this case has never been about immigration policy. It has never been about refusing to cooperate with federal law enforcement. And it has never been about protecting individuals who have violated our laws.

For me, this case has always been about one fundamental question: What should a Sheriff do when a state law appears to require conduct that conflicts with the United States Constitution?

Every Sheriff in Indiana takes an oath to support and defend the Constitution of the United States and the Constitution of the State of Indiana. The Attorney General of Indiana takes that same oath. Regardless of our differences in legal interpretation, I have never questioned Attorney General Todd Rokita’s commitment to fulfilling his constitutional responsibilities. We simply arrived at different conclusions regarding what those constitutional obligations require in this circumstance.

Today’s ruling reinforces an enduring principle of our system of government—that constitutional questions deserve careful judicial review, and that no public official should be placed in the impossible position of choosing between violating constitutional rights and violating state law.

In addition to being uncompromising regarding public safety, the Monroe County Sheriff’s Office has always cooperated with federal law enforcement within the bounds of the Constitution, and we will continue to do so. Public safety and constitutional fidelity are not competing values—they are complementary responsibilities that law enforcement officers uphold every day.

The Court recognized that the issue before it is not whether immigration laws should be enforced. Rather, it is whether government action must comply with the constitutional protections that apply to every person within our legal system. Those protections are not obstacles to justice; they are the foundation of justice.

This decision is not a victory for me personally. It is a victory for the rule of law, for constitutional government, and for the principle that every public official must remain faithful to the oath they swore to uphold.

As Sheriff, my responsibility has always been to enforce the law while protecting the constitutional rights of every individual entrusted to our custody. That responsibility does not change based on political pressure or public opinion. It is the very essence of the office I was elected to hold.

I recognize that today’s decision may not be the final chapter in this litigation; however, I remain resolute in protecting the rights of those I serve. Whatever follows, I remain committed to working professionally with the Attorney General’s Office, our federal law enforcement partners, and all levels of government to protect the citizens of Monroe County while honoring the constitutional principles that define our nation.

The Constitution is not merely a document we quote when it is convenient. It is the oath we swear, the standard we uphold, and the promise we make to every person that the rule of law—not the rule of individuals—governs our actions.

Rokita posted a statement on social media about the case, noting that the injunction affects only Monroe County and SEA 76 is the law of the land in Indiana:

Sheriff Marté lost big time in federal court last week, and this week has failed in his attempt in state court to stop the FAIRNESS Act’s detainer mandate from going into effect statewide.

Earlier today, a Monroe County Court issued a narrow injunction that only applies to Sheriff Marté and rejected the Sheriff’s request for a statewide injunction. We will appeal that order and are confident the detainer mandate in the FAIRNESS Act is constitutional and that our position will prevail.

In the meantime, all other law enforcement agencies in Indiana remain subject to the FAIRNESS Act. Starting tomorrow, July 1, state law requires law enforcement to honor ICE detainers.