After a hearing Wednesday, a St. Joseph County judge will take 60 days to decide whether Indiana Attorney General Todd Rokita’s immigration-related lawsuit against Sheriff Bill Redman can continue.
Rokita sued the sheriff in January, alleging he violated a state law by prohibiting staff from telling Immigration and Customs Enforcement when undocumented immigrants wind up in the jail.
Redman has filed a motion to dismiss the suit, arguing that Rokita lacks standing to bring the suit because the state has not suffered injury, a requirement to have standing, according to the Indiana Constitution. Attorney Michael Smyth argued for the dismissal at a hearing Wednesday before St. Joseph Circuit Judge John Broden.
“Our Supreme Court has held, unequivocally, that injury is a constitutionally irreducible minimum requirement for standing," Smyth said. "Because the attorney general lacks standing, this court should grant the motion to dismiss.”
Smyth also argued that Redman has told Rokita he has no policy prohibiting staff from communicating with ICE on such matters. But Rokita’s attorney, Deputy Attorney General Blake Lanning, said the department has an effective policy through “pattern and practice.”
Broden said he will rule on whether the case can proceed within 60 days, or by Aug. 18.
