The Indiana House approved Thursday an immigration bill allowing local and state police to enforce federal immigration laws and for those officers to cooperate with federal agents amid warnings from those opposed that it would do little to keep communities safer.
Senate Bill 76, authored by State Sen. Liz Brown, states that the enforcement of federal immigration laws may be carried out by federal, state or local law enforcement. Under the bill, the Department of Correction will provide training to all sheriffs-elect on how to cooperate with the United States immigration and Customs Enforcement.
The bill was amended in the House Judiciary committee last week by State Rep. J.D. Prescott, R-Union City, to more closely align with the bill he proposed last year, which he called the FAIRNESS Act: Fostering and Advancing Immigration Reforms Necessary to Ensure Safety and Security. Brown was criticized by Attorney General Todd Rokita after the 2025 session for not advancing the FAIRNESS Act when it reached a Senate committee she chaired.
“Senate Bill 76, also known as the FAIRNESS Act, is a strong, comprehensive measure to ensure full cooperation with federal immigration enforcement and ensure we don’t have sanctuary-style policies in Indiana,” Prescott said.
The bill allows the Attorney General to sue a government agency, school or jail that doesn’t comply with federal immigration officials with a penalty of $10,000 for each violation, and a government body couldn’t be sued for complying with the bill.
If someone is detained under an immigration detainer request, the bill states that the governmental body should give the judge authority to either grant or deny the person’s release on bail as well as record in their file, comply with and inform the detainee of the immigration detainer request.
The bill prohibits an employer from recklessly or intentionally hiring or employing an undocumented immigrant. The bill allows the attorney general to sue employers who hire undocumented immigrants and report the person to the United States Department of Homeland Security.
Further, the bill requires the legislature receive a report with data with the number of Hoosiers who aren’t citizens and are enrolled in or receiving benefits through the Indiana Residential Care Assistance Program, public assistance and welfare programs, family assistance services, Medicaid and Community Mental Health Services.
If a law enforcement officer, government body or educational institution is sued the attorney general shall defend the party, the bill states. It also removes mens rea standard when it comes to governmental or educational institutions for violating the citizenship and immigration status information and enforcement of federal laws.
The bill allows the governor to withhold state grants or funding to a city that doesn’t comply with the law.
Prescott proposed an amendment to state that if an employer provides evidence of “reasonable diligence” to check an employee’s work eligibility then the employer hasn’t broken the law. The employer section was further amended to state that an employer should engage in “diligence to confirm work eligibility” of an employee. Undocumented immigrants are already ineligible for most benefit programs. The only non-citizens who may qualify are lawful permanent residents, or Green card holders; asylees; and other legal residents under temporary protected status, according to the Center for Budget and Policy Priorities.
The bill was further amended to allow someone subjected to an immigration detainer request to challenge the immigration detainer request by proving he or she was misidentified or that he or she has citizenship.
State Rep. Earl Harris, D-East Chicago, said he opposed the bill because it will force local police officers, schools, and hospitals to become federal immigration officers.
The bill’s employer provision will also harm the manufacturing and agriculture industries, Harris said, and should be further worked through with major employers throughout the state.
“This blends lines. It also diverts local resources,” Harris said. “We don’t need to do this. Immigrants have played a huge role in this country.”
State Rep. Carey Hamilton, D-Indianapolis, said she opposed the bill because it will force “already stretched” local police departments to become federal immigration officers, which will pull local police away from responding to crimes.
Further, local police officers acting as federal immigration agents will harm the community’s trust in the local officers, Hamilton said.
“This bill does nothing to keep our communities safe. Our community police did not sign up for this. Our taxpayers did not agree to subsidize ICE. Our communities can’t afford to have public safety resources diverted away from public safety,” Hamilton said.
State Rep. Matt Pierce, D-Bloomington, called the bill a “trick bag” because it will impact many facets of local governments and institutions. Further, Rokita will be in charge of enforcing the bill, Pierce said.
ICE agents have been captured on video as “poorly trained, incompetent, not able to follow the constitution or the laws of our country” and have killed U.S. citizens, Pierce said.
“What we see is chaos and violence on the part of the federal government being spread throughout the land,” Pierce said. “We are a nation of immigrants … and yet we vilify and sow hatred against new people coming here.”
State Rep. Cherrish Pryor, D-Indianapolis, said the United States was made up of immigrants from many different countries. In our current political climate, Pryor said it is troubling that “a country that was founded on immigration … is now saying, basically, we don’t want certain immigrants to be here.”
Pryor said she’s concerned about the profiling of people, undocumented immigrants, legal residents and citizens alike, as police officers work to enforce immigration laws.
“Civil rights are being trampled upon,” Pryor said.
State Rep. Tim Wesco, R-Osceola, was the only Republican to share his thoughts on the bill Thursday. Each president since former President Barack Obama has signed immigration executive orders after Congress failed to pass an immigration bill, Wesco said.
“I have a message for Congress: take your power back. Take your constitutional authority back from the executive branch. Republicans and Democrats must work together to hold the executive accountable regardless of his party,” Wesco said. “We are tired of being governed by executive order.”
Wesco said he supported the bill because “it’s Congress’ law and respects the Constitution.”
In closing, Prescott said the bill “gets us to a place where we as a state are not a sanctuary state.”
“We are going to cooperate with ICE,” Prescott said. “What this bill does is make sure that we don’t have a situation like what’s happened in Minneapolis by making sure that we do comply and follow federal law.”
President Donald Trump’s Border czar Tom Homan claimed Thursday that the surge of federal immigration officers in Minnesota will end, but seemingly contradicted himself by saying targed raids and mass deportations would continue. The surge, which led to the fatal shootings of Renee Good and Alex Pretti, resulted in 4,000 arrests — many of those included people without criminal records, children and U.S. citizens.
The Indiana legislature has vetted the immigration bill for 18 months, Prescott said, as he filed similar legislation last session that passed the House but didn’t advance in the Senate. Prescott said the chamber of commerce and manufacturing associations were consulted on the employer aspects of the bill.
The bill passed 60-28, with State Reps. Ed Clere, R-New Albany; Mark Genda, R-Frankfort; and Danny Lopez, R-Carmel; voting against the bill with all Democrats present.
As legislators cast their votes, protestors could be heard chanting “do the right thing.”
The bill heads back to the Senate for final approval since it was amended in the House.
