Immigration Arrests Disrupt Criminal Cases in Indiana Courts

Immigration enforcement actions are causing significant disruptions to criminal cases in Indiana, particularly in Lake and Porter Counties. Attorneys have reported a rise in arrests of defendants without U.S. citizenship during ongoing criminal proceedings, creating uncertainty for both legal representatives and families.

On August 1, 2023, Horacio Alarcon-Roldan, a 32-year-old resident of Diamond, Illinois, was arrested by U.S. Homeland Security agents while attending a routine court hearing related to a theft charge. Defense attorney Steve Mullins revealed that Alarcon-Roldan was taken into custody at the Porter County court after being identified by the Northern Indiana Commuter Transportation District Transit Police. This incident is indicative of a broader trend of immigration enforcement intersecting with local criminal justice processes.

Mullins expressed frustration over the lack of communication regarding such arrests. After concluding his court obligations, he was informed that his client had been apprehended by Immigration and Customs Enforcement (ICE). Initially, Mullins struggled to determine Alarcon-Roldan’s whereabouts, stating, “We weren’t getting any answers.” He later discovered that Alarcon-Roldan was being held at the Porter County Jail, with his case effectively on hold until the immigration matter is resolved.

Alarcon-Roldan faces a federal felony charge of reentry of a removed alien, with a trial scheduled for March 2024. Mullins noted that his experience as a lawyer since 1981 had not prepared him for the challenges posed by mid-case immigration arrests, stating, “It’s the first time I’ve seen clients arrested by immigration in the middle of a court case.” This unpredictability leaves defense attorneys in a precarious position, often without warning as clients are detained.

Porter County Prosecutor Gary Germann acknowledged that Alarcon-Roldan’s case is the only one he is aware of that has encountered such immigration-related complications. Germann is awaiting the resolution of the federal case before deciding how to proceed with the state’s charges against Alarcon-Roldan, which involve theft of significant value.

The escalation of immigration enforcement has not yet affected court attendance, according to Germann. He emphasized the need to resolve cases efficiently, stating, “We’ll resolve the case one way or another.” He has yet to determine whether to dismiss charges against Alarcon-Roldan if deportation occurs, given the felony nature of the theft involved.

U.S. Homeland Security did not respond to inquiries regarding these cases, while the U.S. Attorney’s Office in Hammond declined to comment due to a government shutdown, indicating a focus on national security and public safety functions.

In addition to Alarcon-Roldan, defense attorney John Cantrell reported that five of his clients have been detained by immigration authorities recently. One case involved Heriberto Caceres and Deiby Caceres-Meija, who were arrested for a violent incident but faced immigration enforcement shortly after their domestic battery case was dismissed. Cantrell asserted that regardless of the circumstances surrounding their arrests, everyone is entitled to due process, stating, “Everyone is presumed innocent.”

The intersection of local criminal law and federal immigration policies has left many defense attorneys navigating uncharted territory. A significant shift has occurred, where non-citizens charged with crimes are now at risk of arrest before conviction—a departure from previous practices.

Lake County Sheriff’s Office spokeswoman Pam Jones confirmed that the jail notifies immigration authorities about undocumented inmates. According to Jones, ICE is informed regularly about inmates who are in the country illegally, and they may be taken into custody after serving their sentences.

As these legal developments unfold, defense attorneys are calling for clarity and communication regarding immigration enforcement. Mullins noted the need for vigilance in advising clients about potential risks related to their immigration status, particularly in the current political climate.

With the legal landscape shifting, both prosecutors and defense attorneys must adapt to the challenges posed by immigration arrests that disrupt ongoing criminal cases, underscoring the complexities of the intersection between state and federal law enforcement.