The East Chicago Common Council repealed its welcoming cities ordinance, which prompted Indiana Attorney General Todd Rokita to drop a lawsuit against the government body over the ordinance.
The council passed the ordinance in 2017 to let the community know they could feel safe in East Chicago “regardless of any of the rhetoric following the 2016 election,” according to the repealed ordinance.
The council decided to repeal the ordinance after determining that it is “not effective or necessary for the protection of the rights of residents and visitors nor to ensure the health and safety of all residents and visitors,” according to the repealed ordinance.
“The City of East Chicago remains committed to upholding the Constitution of the State of Indiana and the United States, to upholding the laws of the State of Indiana, protecting the rights of its residents and visitors, and to ensuring the health and safety of all residents and visitors,” according to the repealed ordinance.
The council approved the ordinance on July 24 and Mayor Anthony Copeland signed it on July 26. The mayor and the majority of council members did not respond to requests for comment.
Councilman Dwayne Rancifer said he voted in favor of repealing the ordinance at the advice of the council’s attorney. He declined to comment on Rokita dropping his lawsuit and said he couldn’t speak to whether the ordinance had ever been implemented.
Rokita issued a statement Tuesday saying his office dismissed the lawsuit against the city since the council repealed the ordinance.
“We are pleased East Chicago will no longer operate as a sanctuary city,” Rokita said in the statement.
Rokita filed a lawsuit earlier this month against the council to comply with federal immigration law.
As of July 1, under Senate Bill 181, Rokita can file lawsuits aimed at forcing governmental entities and educational institutions to comply with federal immigration authorities.
In May, Rokita sent East Chicago, Gary, West Lafayette and Monroe County officials a letter to rescind ordinances about immigration, or the cities and county would face legal action.
The lawsuit against the East Chicago Common Council was the first lawsuit Rokita has filed against the four governmental bodies. In his statement Tuesday, Rokita said he will still pursue the lawsuit he filed against Monroe County, which he filed July 12.
The ordinance restricts officials from requesting “information about or otherwise investigate or assist in the investigation of the citizenship or immigration status of any person,” according to the lawsuit.
The East Chicago ordinance stated officials cannot “support or assist in any capacity with immigration enforcement operations” regarding anyone who may be the subject of an immigration investigation, according to the lawsuit.
In regards to the U.S. Immigration and Customs Enforcement, the East Chicago ordinance prohibited officials from cooperating with the immigration agency unless presented with a criminal warrant, according to the lawsuit.
Unless there is a criminal warrant, East Chicago officials could not help ICE with accessing someone under the city’s custody, transfer someone to ICE custody, permit ICE agents to use facilities, equipment, databases or share information in most cases, or spend time responding to ICE inquiries, according to the lawsuit.
The lawsuit alleged that the East Chicago ordinance violated Indiana Code that states a governmental body “may not enact or implement an ordinance, a resolution, a rule, or a policy that prohibits or in any way restricts another governmental body … including a law enforcement officer, a state or local official, or a state or local government employee” from taking actions regarding information of citizenship or immigration status.
Originally Published:
