ICE Detainers can’t be enforced in Monroe County

**SPEAKER_1** (0:00)
Let's take a look at some headlines around the state of Indiana. A state immigration enforcement law that's supposed to go into effect today involving ICE detainers not being enforced in Monroe County. Now, Monroe County, one of the very progressive, woke areas in the state of Indiana, usually when you've got a major college university, you're going to find that there.
This is kind of the latest development in this ongoing legal battle between the sheriff and then Todd Rokita and the Attorney General's Office. And it's about SEA 76, Senate Enrolled Act 76, which is supposed to start today. It's also known as the Fairness Act. Okay. So what the Fairness Act does, and we'll go down the bullet points here, local law enforcement agencies must comply with ICE detainer requests.
Local governments and schools cannot restrict federal immigration enforcement. And the Attorney General can go after businesses that employ undocumented immigrants, and the Attorney General may impose civil penalties on groups suspected of hindering ICE. Okay. So this brings us to Monroe County. And their special judge, special circuit judge, Luke Ritzel, granted a preliminary injection, barring a provision of the law from going into effect. The order affects only Monroe County and the Monroe County Sheriff's Office. That's fancy talk for they're not going to cooperate with ICE, Jerry.

**Nigel** (1:43)
Yeah, I just want to know if my American friends could let us know what laws on any given day are not going to be enforced. That's a big deal.
My family's from Cuba, first-generation American. I'm a veteran. It's super offensive to say like we're not going to enforce our federal laws. What did I fight for then? I don't care who you voted for, whether you voted for Kamala or whether you want one of the, quote unquote, 81 million that voted for Sleepy Joe. We have laws on the books. Can we at least enforce those and figure out where we're going to go?

**SPEAKER_1** (2:20)
The Monroe County Sheriff, again, Ruben Marté, raised concerns that ICE detainer provisions are unconstitutional, as it requires his office to comply with federal immigration detainer requests without a warrant.
He believes it represents a violation of the Fourth Amendment and would expose his office to civil liability, which I think is a big load of crap. This is his way of saying, orange man bad, ICE bad, I wish we had open borders.

**Nigel** (2:51)
I will tell you this straight up. This is how we got into the whole mess. America, if you're listening right now, my abuela, my cousin, whoever, my fans from Cuba, I'm one of 12 moms, the only one that's here, so everybody I'm talking about is my family. When Jerry's accused or somebody's accused of breaking some law, domestic violence, DUI, whatever, a murder, and that retainer comes to the courthouse. So Marion County or for this second conversation, Los Angeles County has a retainer. Jerry's an illegal immigrant. He should not be in his country. He needs to be deported.
Seems easy enough. DHS shows up to my court date. That's what everybody freaks out about. Oh my God, I can't believe DHS is there. That guy that commenced the domestic violence has a retainer.
When they agree not to agree with him, this is how abuela gets roped up. This is how my grandma gets roped up. This is how my cousin gets roped up. Because they go to the address that's on for the person that had the retainer, and they go, everybody show us your IDs.

**SPEAKER_1** (3:51)
Right.

**Nigel** (3:51)
And now everybody's going home that shouldn't be here.

**SPEAKER_1** (3:55)
And I know we're really going down a rabbit hole of legal stuff here, and we'll have some of that later on, but the sheriff said that complying with the ICE detainer requests is the equivalent of unlawful detention.

**Nigel** (4:10)
It is completely lawful. That's why it's a detainer request.

**SPEAKER_1** (4:14)
And SEA 76, as of today, January 1st, becomes law in the state of Indiana.
But if you're a circuit judge, then you can make certain counties immune to this, which I hate even talking about this on the show, Jerry, because I know for a fact there's probably going to be some judge in Marion County somewhere that's like, hey, that's not a bad idea. Let me high five Boss Hogsett and smack Ryan Mears on that bald ass of his.

**Nigel** (4:44)
You know who's number one for people I'm deporting right now, Hammer? Pregnant women.
You laugh, but yesterday, the Supreme Court said, birthright citizenship is a law in this country. So if you have your child, even if you're illegal and you have your child, that child is a US citizen. I need pregnant illegals out of here immediately. And it sounds messed up, but it's a fact.