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An Indianapolis-based refugee resettlement nonprofit is arguing that Attorney General Todd Rokita’s recent civil subpoena is “unjustified retaliation” and violates its First Amendment rights, according to a lawsuit filed Sept. 19.
Last week, the Indiana Attorney General’s Office sent Indianapolis-based Exodus Refugee Immigration Inc. a civil investigatory demand, a legal tool the attorney general can use to collect information prior to litigation. The office said they did so to discern whether the nonprofit is violating the law and interfering with U.S. Immigration and Customs Enforcement.
The complaint, filed in the U.S. District Court of the Southern District of Indiana, argues that Rokita targeted Exodus for its mission of serving the immigrant and refugee community. The American Civil Liberties Union, which is representing Exodus, says its services are constitutionally protected activities.
The investigatory demand seeks to chill their services and advocacy, places an undue burden on Exodus to fulfill the request, exposes private information of its clients, and deters potential clients, according to the complaint.
“This is a clear attempt to intimidate Exodus and to prevent us from serving refugees and other humanitarian immigrants here in Central Indiana,” Exodus CEO Cole Varga said in a statement. “We cannot allow the Attorney General to impede the vital work we do to support the refugees who are our neighbors, colleagues, and friends.”
IndyStar has reached out to Rokita’s office for comment.
AG Todd Rokita’s immigration probes
Exodus is the latest of at least nine immigration organizations Rokita’s office has targeted with civil investigatory demand since last November. Two are challenging Rokita’s subpoena in court.
“These (civil investigatory demands) appear to be designed to advance a personal political agenda and to punish and deter organizations that assist, advocate for, and associate with immigrants and refugees,” the complaint reads. “The investigation is without cause and is in bad faith.”
Rokita has said he believes that there may be a coordinated effort among large employers and resettlement organizations to bring large numbers of migrants to Indiana and employ them, though he hasn’t provided evidence. He’s citing his authority to send these requests for information under Indiana’s Deceptive Consumer Sales Act and indecent nuisance statute.
“The mass movement of illegal aliens and others into Indiana has exposed our communities to significant public safety risks,” Rokita said in a past news release. “Worse, some organizations in Indiana — whether they are local officials like the Monroe County sheriff who operate sanctuary policies or private organizations that appear to encourage or assist illegal immigration — are making the problem worse.”
In his Sept. 8 release announcing the Exodus demand, Rokita said his office received information from U.S. Customs and Immigration Enforcement that a recent Monroe County operation “faced numerous challenges as a result of what may have been a coordinated effort by entities in Bloomington to help illegal aliens evade apprehension.” The office isn’t accusing Exodus of anything, but says it is seeking information from Exodus about this.
In late January, Exodus temporarily locked its main Indianapolis doors and moved client services to off-site or virtual locations out of concern for their clients’ safety. This closure lasted a few weeks amid a flurry of immigration-related announcements from state and federal leaders, including an executive order signed by Gov. Mike Braun pledging state support for federal immigration enforcement.
Reporter Kayla Dwyer contributed reporting.
The USA TODAY Network – Indiana’s coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.
Have a story to tell? Reach Cate Charron by email at ccharron@indystar.com, on X at @CateCharron or Signal at @cate.charron.28.
This article originally appeared on Indianapolis Star: ACLU sues to block probe of Exodus Refugee by Indiana AG Todd Rokita
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