Indiana Attorney General Todd Rokita has asked for more time to reply to St. Joseph County’s motion to dismiss his lawsuit over handling undocumented immigrants in the jail.
The county’s motion, filed this week, asks St. Joseph Circuit Judge John Broden to dismiss the suit for three reasons. It argues that Rokita lacks standing to bring the case, that it’s too vague, and that he’s trying to deputize local police to enforce federal immigration law.
The county says that last part, “while potentially politically attractive,” violates the principles of separation of powers, Home Rule Law, the Indiana Constitution, and the U.S. Constitution’s Tenth Amendment. That says the federal government only has powers delegated in the Constitution. Those powers not listed belong to the states.
Rokita would have had until March 31 to respond to the motion but Thursday he filed a motion asking Broden for an extension to April 15. Rokita said the county has agreed to the extension. Broden had yet to rule as of late Friday.
This week the county council, citing that the case is still pending, voted down a resolution from Republican Council Member Amy Drake urging Democratic Sheriff Bill Redman to comply with federal immigration enforcement agents who want to deport jail inmates who are undocumented.
