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On any given day, about 100 people detained by the U.S. Immigration and Customs Enforcement are locked up in Indianapolis’ brand-new Adult Detention Center.
Marion County Sheriff Kerry Forestal, a Democrat in his last term, says he has to maintain the inflow of these detainees—about 700 so far this year, according to public intake records—as part of required cooperation with the federal government.
“I believe the law is being followed in the way it’s directed in Indiana,” Forestal said during his office’s annual budget hearing on Wednesday.
Some City-County Council members criticized the sheriff’s involvement in deportation efforts. One insinuated that by holding immigrants, Forestal is responsible for civil rights violations that have been alleged against the Trump administration.
“Lack of due process is being permitted by your team,” Councilor Keith Graves told Forestal.
Another councilor, Jessica McCormick, asked Forestal if he had requested an opinion from city attorneys on “if there was any leeway, or any way to refuse” holding detainees. He responded that he had not.
At least one Democrat on the council has committed to voting “no” on the Sheriff’s Office budget request due to the detainments. At the same time, Indiana Attorney General Todd Rokita is threatening to sue any entity that does not cooperate with the Trump administration’s immigration push.
Rokita wrote in a letter to Indiana sheriffs earlier this year that he “will continue to pursue legal action against any entity in Indiana … restricting its engagement in all permissible, immigration-related enforcement activities.”
Some councilors are encouraging Forestal to test the limits of the law or get a second opinion as pressure mounts from some members of the community.
About 30 members of Live Free Indiana—a state chapter of Live Free USA, a community organizing group that backs policies to prevent criminalization of immigrants—held “missing person” posters bearing Forestal’s photo during Wednesday’s meeting. The flyers said, “Last seen trading courage and leadership to appease MAGA agenda.”
Aside from Marion County, three county jails in Indiana have agreements to house ICE detainees: Clay, Clark and Clinton.
The agreement to use the Marion County jail to house ICE detainees has been on the books in some form for almost 30 years, Forestal said. In previous years, that’s only meant a few detainees at a time—six or seven, he said.
Now detainees stay in two 64-cell blocks. The federal government, in return, pays the county $75 per individual per day. That money goes into the county general fund, not directly to the sheriff’s office.
More than a dozen speakers asked Forestal to end the contract. Otherwise, they asked that the council reject the office’s budget requests.
“I want to ask you to use your power of the purse to reject the sheriff’s proposed budget, until and unless he commits to not being an agent, not being an instrument, of the Trump administration’s cruel regime,” Martin DeAgostino, who lives in the near-east side’s District 13, told the committee.
Just one member of the City-County Council, Carlos Perkins, has made that commitment. He told the sheriff that he exhibited “poor leadership” and “decision-making contrary to what the community is requiring of you.”
Forestal had declined meetings with leaders of Live Free Indiana, with which Perkins is affiliated.
Other Democrats didn’t go as far in their criticism. However, they advocated for pursuing a second legal opinion to explore other options.
“We’ve got a community that believes that we don’t need to hold them, and you’ve got a letter here from our attorney general that says that you do,” Councilor Brienne Delaney told Forestal.
“I would like to see some further legal analysis and challenge of the law on behalf of our community and the values that we believe in,” she added.
Council President Vop Osili did not respond to a request for comment on potential action from the legislative body.
A spokesperson for Indianapolis Mayor Joe Hogsett told IBJ in an emailed statement that the situation is under the purview of the sheriff’s office’s contract with the U.S. Marshals Service, and that the city “does not have the authority to enforce federal law.”
“The city remains focused on improving the public safety and quality of life of all Indianapolis residents, including our immigrant neighbors,” the statement said.
A public hearing on the entire 2026 budget will be held at the Sept. 22 full City-County Council meeting. Councilors expect to vote on the budget in October.
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So … Biden opening the border and flooding the country with ~20m illegal immigrants (nobody, and this is very much on purpose, really knows the actual number) was enlightened and kind, good governance.
And the Trump administration is “a cruel regime” for working to fix it.
Got it.
It’s “a cruel regime” because ICE ignores the due process rights of people some of whom are detained while trying to follow the legal process of immigrating.
That’s right, Rich! They expect due process for all those illegals who ignored it on the way into our country. Priceless…
‘Due process’ is reserved for LEGAL CITIZENS.
No, it is not. Please re-read the Constitution.
If the council members do not want to cooperate with the federal government, then redo the county budget without any federal funds. Easy.
I think I am pissed that we are holding all of these Federal prisoners with no compensation from the Feds. I don’t want my local already stretched thin public safety dollars to be paying for holding non-violent offenders for the Feds. I suspect (but don’t know for sure) that the sheriff is legally obligated to hold these prisoners, I am sure the sheriff holds prisoners waiting for transfer to other jurisdictions as a courtesy, but not to the tune of 100 a month!
Additionally if thee people are not being granted due process, then the sheriff should have no part of an illegal operation. And the last time I looked the constitution says all people (not just citizens) are entitled to due process.
ICE just got a $80 billion budget in the OBBB, so SHOW ME THE MONEY.
Or state funds as the AG will be happy to inform the council those funds are also at risk after the last legislative session mandating statewide cooperation with ICE.
Once again the Dem council members are over stepping their responsibilities with this threat of extortion or blackmail against the Sheriff. Do they even understand the Sheriff’s office is bound by state law? and the 30 year old contract, not by councilors idealism.
Good for Kerry and hope he holds his ground without petty woke politics!
Procedural due process refers to the constitutional requirement that when the government acts in such a manner that denies a person of life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a
neutral decision-maker.
This is NOT for Legal Residents ONLY, FYI.
Once again, a democratic (socialist) city government with out-of-control violence is voting for more crime, not less. All being ignored while our faithful leader is sleeping off another bender.