Indiana Attorney General Issues Controversial Opinion on Unlicensed Driving Arrests
INDIANA—In a significant legal opinion released this week, Indiana Attorney General Todd Rokita asserted that law enforcement can arrest and detain individuals, including undocumented immigrants, for driving without a license. Dated June 11, the opinion was requested by Jackson County Prosecutor Jeff Chalfant, aiming to tackle safety concerns linked to illegal immigration affecting Indiana’s roads.
Rokita, a Republican, emphasized that individuals who have never been licensed—a Class C misdemeanor under state law—cannot be released on the scene without a valid driver’s license number. This interpretation stems from an existing state statute that stipulates traffic offenders must provide this information for a written promise to appear in court.
“Hoosiers deserve safe streets,” Rokita stated, asserting that his opinion equips law enforcement with the necessary guidance to hold accountable anyone, particularly undocumented immigrants, driving unlicensed. His office underscored the dangers posed by "illegal aliens operating motor vehicles," suggesting that booking them in county jails would notify federal authorities to take appropriate action.
Rokita clarified that this opinion targets those who have never obtained a license, differentiating them from individuals driving with suspended or revoked licenses, typically regarded as lesser infractions unless they are repeat offenders. He pointed out that undocumented immigrants cannot legally acquire a valid Indiana driver’s license, often resorting to out-of-state licenses that Indiana does not recognize.
The opinion is legally non-binding but aligns with U.S. Supreme Court precedents, affirming law enforcement’s authority to arrest for minor offenses and to hold individuals for up to 48 hours pending a court’s evaluation of probable cause. Rokita’s stance has ignited discussions on public safety and immigration policies within the state.
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