Indiana Bill Boosts State-Degree Immigration Enforcement
As U.S. Immigration and Customs Enforcement (ICE) goes about its lawful and necessary role of deporting illegal aliens, left-leaning leaders are doing everything they can to frustrate and thwart the enforcement of federal law. That is a serious problem.
Trying to make it impossible for ICE to do its job in certain states and cities is a transparent attempt to interfere with a legitimate exercise of federal authority. Policies that give sanctuary to illegal aliens are, in effect, an attempt to nullify federal law and are not all that different from past attempts by certain states to frustrate the enforcement of federal law, such as when southern states resisted desegregation. Such behavior is reckless and wrong, and it jeopardizes the safety of all Americans.
Unfortunately, even in Republican-run Indiana, some local entities have joined this effort to give sanctuary to illegal aliens and frustrate federal law enforcement. As Indiana’s attorney general, I take seriously the authority given to me by the legislature to enforce our state’s anti-sanctuary law — which prohibits local governments, law enforcement, and state educational institutions from having policies that limit cooperation with federal immigration laws and detainer requests. I am doing everything in my power under the law to eliminate the remaining sanctuary jurisdictions in our state.
But Indiana could do more to combat illegal immigration and support federal law enforcement. That is why I have been a strong, vocal advocate for the Indiana General Assembly to pass the Fairness Act. That bill, Senate Bill 76 in the current session, would mandate compliance with ICE detainers and authorize my office to take legal action against companies that knowingly or intentionally hire, recruit or employ illegal aliens. I am encouraged that the General Assembly has made good progress this session in moving the Fairness Act, and hope to see this bill signed into law very soon.
The Constitution clearly gives the federal government exclusive authority over immigration and naturalization. Congress has exercised that authority by enacting federal immigration laws, and ICE is one of the key agencies responsible for enforcing those laws.
To do its job effectively, ICE relies on cooperation from local law enforcement — and at the very least requires that local entities not actively thwart ICE operations. By enforcing federal law, ICE keeps our communities safe from dangerous criminals and helps address the other damaging consequences that illegal immigration inflicts on American workers and public services.
But elected leaders in many leftist-run jurisdictions claim that ICE’s presence in their states and cities is an “occupation.” Some officials have compared ICE to the Gestapo and neo-Nazis, even suggesting that individuals involved in altercations with ICE may be justified in using deadly force against masked federal agents.
This rhetoric is inflammatory, unmoored from reality, and putting our federal officers in dangerous situations. To arouse public opposition through anti-ICE rhetoric only fans the flames of chaos and increases the likelihood of violent clashes.
ICE is not an occupying army. It’s operating on its own turf — our own collective American turf — to defend U.S. territorial integrity and protect American citizens. Its efforts should not be unlawfully impeded.
As Americans, we have the right to protest. We do not have the right to interfere with legitimate law enforcement actions. Likewise, any refusal by local law enforcement to cooperate with ICE increases public safety risks. It means ICE must apprehend illegal aliens in dangerous neighborhoods rather than at local jails where ICE can take custody of an alien in a controlled and safe environment.
Opposition to ICE is ultimately rooted in an open borders philosophy that rejects the idea that Americans have a right to control who comes to the United States. When ICE carries out deportation orders against individuals who are unlawfully present in our country, it is acting on the basis of federal statutes and decisions already made through federal legal processes. Interfering with those efforts undermines the rule of law. Those who call for abolishing ICE are really calling for an end to American sovereignty and our right to decide who gets to be part of our country.
Indiana has long prided itself on being a state that respects the rule of law. Upholding that tradition means respecting and supporting the role of federal authorities in enforcing immigration laws.
We all have a vested interest in defending U.S. sovereignty and protecting public safety. One of the best ways we can advance that interest is to support ICE as it works to carry out President Trump’s immigration agenda. Many of us in Indiana are doing our part to support federal law enforcement. Other states should follow our lead.
Todd Rokita is Indiana’s attorney general.