Indiana's Attorney General has initiated an appeal process following a judicial decision that rejected his efforts to obtain information from Berry Global Group and the Haitian Center of Evansville concerning potential human labor trafficking involving migrants.
In recent legal filings, Attorney General Todd Rokita's office submitted transcripts of previous hearings to the Indiana Court of Appeals. This procedural move is expected to lead to written arguments from all parties involved, eventually culminating in appellate court proceedings.
Rokita had attempted to legally require Berry Global, currently operating as Amcor, and the Haitian Center to respond to civil investigative demands seeking documentation, electronic records, and detailed accounts of their activities related to migrant workers. Both organizations strongly resisted these demands, leading Rokita to publicly express frustration during an Evansville appearance, suggesting they should cooperate with his investigation.
In October, Vanderburgh County Superior Court Judge Robert J. Pigman ruled against the Attorney General's position. Pigman declined to enforce the civil investigative demands, stating in his decision that the requests "do not meet the statutory standard of reasonable cause and relevancy." The judge determined there was insufficient evidence to establish that Berry Global and the Haitian Center possessed information pertinent to a labor trafficking investigation.
Background of the Legal Dispute
The legal conflict emerged shortly before the 2024 election when Rokita, a former Republican congressman, told Fox News Digital that illegal immigration has "created serious sex and labor trafficking risks in all communities."
Rokita subsequently issued civil investigative demands to multiple Indiana organizations, including nonprofits, local government agencies, and companies. His office maintained these requests were not accusations but investigative tools. Berry Global and the Haitian Center were among the recipients.
The Attorney General's office contends that migrant workers seeking employment face particular vulnerability to exploitation by labor traffickers who might force them into unfavorable working conditions. These individuals often encounter obstacles related to language, housing, transportation, and social integration.
In July, Rokita told the Courier & Press that it's reasonable to think Berry Global and the Haitian Center might have information that could help the AG's Office identify and root out risks of labor trafficking and also identify migrants who are at risk of being exploited.
However, the targeted organizations argued the Attorney General's demands were excessively burdensome and lacked proper justification regarding reasonable cause or specific allegations of misconduct.
Legal representatives for Berry Global and the Haitian Center repeatedly questioned what evidence the Attorney General's office possessed to suggest their clients had knowledge about human labor trafficking activities.
The civil investigative demands sought extensive information, including details about employment verification procedures, use of government systems like E-Verify, and the immigration status of migrant workers employed over the previous three years.
Complex Legal Proceedings
The case has involved multiple judicial developments, including initial rulings favorable to Rokita, consolidation of separate cases involving the two organizations, and participation by five of Vanderburgh County's seven Superior Court judges at various stages.
One judge, Les Shively, removed himself from the case after recognizing that critical comments he made about Rokita on a public affairs television program months earlier might create complications. The Attorney General's office subsequently publicly challenged Shively's televised remarks.
The matter was ultimately assigned to Judge Pigman in August, whose October ruling has now prompted the current appeal.