The dispute centers on a critical shortage of detention space necessary to hold individuals apprehended by federal or state authorities pending removal proceedings. Without such facilities, officials argue that detainees often fail to appear in court, effectively evading the deportation process. To address the gap, ICE has pursued the acquisition of property in Indiana to establish new detention centers.

In response, Merrillville leaders enacted a local ordinance prohibiting the sale or rental of property for this purpose and pressured private owners to abandon negotiations with federal agents. Attorney General Todd Rokita and FAIR contend this action violates Indiana’s anti-sanctuary statute, which prohibits local jurisdictions from restricting the enforcement of federal immigration policies. According to Dale L. Wilcox, executive director of FAIR, the town’s obstructionist tactics directly hobble national enforcement efforts. The plaintiffs are now seeking a court order to strike down the ordinance and enforce monetary penalties mandated by state law.