St. Joseph County Police Department

ST. JOSEPH COUNTY, Ind. -- A Motion to Dismiss was filed on Tuesday (March 11) afternoon by St. Joseph County Sheriff William Redman in a case that has Indiana Attorney General suing the St. Joseph County Police Department for failure to cooperate with U.S. Immigration and Customs Enforcement agents. 

Sheriff Redman's motion lists three reasons the suit should be dismissed:

• The Attorney General lacks standing to bring the complaint at bar
• That complaint is facially defective under Indiana Trial Rule 12(B)(6)
• The Attorney General is impermissibly attempting to deputize local law enforcement agencies to enforce federal immigration law, which, while potentially politically attractive, is a violation of the principles of separation of powers, Home Rule Law, our State Constitution, and the Tenth Amendment to the Constitution of the United States.

In conclusion, the motion states, "The complaint should be dismissed. The Attorney General lacks standing to bring this suit. The complaint fails to allege the operative facts necessary to state grounds capable of resulting in relief. And the Attorney General’s attempt to enforce the applicable statutes in this matter violates state and federal constitutional principles as well as Home Rule Law."