Indiana Attorney General Todd Rokita issued a new opinion this week stating that law enforcement officers can arrest and detain people caught driving without a license, including undocumented immigrants, and book them into county jail.
The Republican attorney general stated that the opinion, dated June 11, was requested by Jackson County Prosecutor Jeff Chalfant and aims to address “a critical public safety issue amid growing concerns about illegal immigration and its impact on Indiana’s roads.”
Attorney general’s opinions are not legally binding.
Rokita maintained that drivers who drive without a license, which is a Class C misdemeanor in Indiana, cannot be released from a scene because they are unable to provide the information required for a written promise to appear in court.
He cited a specific state statute that allows traffic offenders to be released without going to jail. However, that document must include a valid license number. Individuals without a license cannot meet that requirement, so the opinion concludes that they are ineligible for release under state law.
“Hoosiers deserve safe streets, and that starts with ensuring those who break our laws face the consequences,” Rokita said in a statement. “This opinion gives our law enforcement guidance to hold accountable anyone, especially illegal aliens, driving without a license — a crime that puts our communities at risk.”
In a Friday news release, his office also stated that “illegal aliens operating motor vehicles pose unique and serious safety risks,” and that “booking an illegal alien at a county jail for driving without a license will ensure that federal authorities are notified of the arrest and able to make arrangements to apprehend the alien if they choose to do so.”
Driving without a license, according to Rokita, differs from driving with a suspended or revoked license, which is typically treated as an infraction unless the individual is a repeat offender. The opinion clarifies that law enforcement has complete authority to arrest and process people who have never obtained a license.
The attorney general also emphasized that undocumented immigrants cannot obtain valid driver’s licenses in Indiana, and some use out-of-state licenses that are not recognized by Indiana law.
“Illegal aliens cannot drive on Indiana roadways because they are barred from obtaining valid licenses, but they do it anyway because they don’t respect our laws,” Rokita said. “This opinion should provide clarity on law enforcement’s ability to detain these offenders, ensuring they face justice rather than being released back onto our streets.”
The opinion also cites U.S. Supreme Court precedents that uphold law enforcement’s authority to arrest for minor criminal offenses and detain people for up to 48 hours while a court determines probable cause.
