Sheriff limits ICE detainee hold time to 48 hours amid overcrowding crisis
Jan 12, 2026
Marion County Sheriff’s Office reduces ICE holds
INDIANAPOLIS (WISH) — Marion County Sheriff John Forestal on Monday announced a new policy limiting the duration that Immigration and Customs Enforcement detainees can be held in custody in the county jail.
This decision came in response to
significant overcrowding and budgetary constraints faced by the office.
The office recently exceeded its financial cap of 2,400 inmates. Holding more than that number could incur an additional cost of $3 million annually to taxpayers. As of Sunday, the office reported having 2,400 inmates, prompting immediate changes to manage the crisis.
Forestal expressed the urgency of this situation. “I need to be a steward of the money and tell them I’m starting in a hole every day that I’m beyond that 2,400, and I’m not waiting six months from now.”
The Democratic sheriff explained that the Indiana Department of Correction has forced his office to accommodate 175 convicts who should be in state prison facilities. He said these convicts not only take up valuable space but also create a financial strain on the local system. Holding these 175 convicts costs approximately $5 million annually.
Given the overcrowding, Forestal recently reached out to ICE officials to clarify policies regarding the detention of migrants. As a result of the discussions, it was clarified that ICE detainees can only be held for a maximum of 48 hours. Forestal noted that ICE understood the need for these changes and recognized the pressure on local resources.
Additionally, Forestal highlighted the ongoing attempts to engage with the Indiana Sheriff’s Association about resolving the burden caused by state inmates. “We’ve worked with the Indiana Sheriff’s Association and trying to get the state to remove them or, at the very least, pay us, and they haven’t paid for several months their bill. In particular, the 175 held here cost around $5 million to hold them all year long.”
The sheriff emphasized the need for space to accommodate local offenders. “We have to have space to hold them. I can’t tell the judges ‘no’ and not do my part, and that means the state needs to do their part.”
The situation highlights the responsibility of state correctional facilities in managing inmate placements and ensuring local jails do not bear the brunt of overcrowding.
Moving forward, the sheriff’s office will enforce the new policy of holding ICE detainees for no longer than 48 hours, which is expected to help alleviate the overcrowding situation. Discussions with state officials regarding the transfer of convicts and adequate compensation are ongoing.
This story, using a script aired on News 8, was formatted for WISHTV.com using AI-assisted tools. Our editorial team reviews and edits all content published to ensure it meets our journalistic standards for accuracy and fairness.
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