Gov. Mike Braun signed an immigration bill into law Tuesday that allows local and state police in Indiana to enforce federal immigration laws and for those officers to cooperate with ICE.
Braun said Senate Enrolled Act 76, in a statement, “strengthens Indiana’s cooperation with federal immigration authorities,” as well as penalizes employers for hiring undocumented immigrants and prohibiting Indiana cities from operating as sanctuary cities.
“On day one as governor, I made clear that Indiana would not be a safe haven for illegal immigration. With the FAIRNESS Act, we are taking the next step in partnering with federal authorities to enforce the most fundamental laws of our country and protect Hoosier communities,” Braun said.
SEA 76, authored by State Sen. Liz Brown, R-Fort Wayne, states that the enforcement of federal immigration laws may be carried out by federal, state or local law enforcement. Under the bill, the Indiana Department of Correction will provide training to all sheriffs-elect on how to cooperate with the United States Immigration and Customs Enforcement.
“Indiana has made it clear that we will not turn a blind eye to illegal immigration,” Brown said. “Senate Enrolled Act 76 strengthens our ability to uphold the rule of law and ensures our state is not a safe haven for those who disregard our laws. The bill also provides law enforcement with the training and support they need to carry out illegal immigration enforcement tactics effectively and responsibly.”
Sophia Arshad, a Merrillville attorney who works on immigration cases, said the new law arms all public and local governments, officials and entities to become immigration enforcement agents, which could impact the way immigrant communities interact with their communities.
“In my realm, we’re definitely not very happy about it,” Arshad said. “It causes people to not participate in things that they are supposed to participate in or have the right to participate in just out of fear of immigration enforcement.”
For example, Arshad could prevent immigrant families from sending their children to school or attending a child’s event at a school for fear of immigration enforcement.
The portion of the bill that allows the attorney general to defend anyone who is sued for enforcing the law “goes above and beyond saying we as a state will spend our resources, time, energy, money to defend somebody who is basically an operative for ICE,” Arshad said.
State Rep. J.D. Prescott, R-Union City, amended the bill during session. 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.
Prescott said in a statement that he was pleased Braun signed SEA 76 into law because it aims to “strengthen cooperation between state and local law enforcement and federal immigration authorities to uphold the rule of law in Indiana.”
“Public safety remains a top concern in our communities, and this new law will ensure all levels of government are working together to enforce our laws, combat illegal immigration and get violent criminals off of our streets,” 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. The amendment also states that a government body couldn’t be sued for complying with the bill.
“The FAIRNESS Act represents by far the most significant legislative action Indiana has ever taken to combat illegal immigration and sends a powerful message that our state is putting Hoosiers first,” Rokita said in the statement. “My office will now turn its attention to enforcing it.”
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 legislative council 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.
Criminal defense attorneys have discussed the law with Arshad, she said, and they’ve shared their concerns about its changes to detainer requests because it will likely lead to people being held longer in local jails.
Further, criminal defense attorneys have expressed concern about the potential for immigrants being stopped without cause as local officials begin to exercise federal immigration authority, Arshad said.
“There’s definitely concern about this,” Arshad said.
Given the Republican supermajority in the statehouse, Arshad said it’s unlikely that the law will be amended. It’ll likely take legal action to change the law, but that would likely be fought by the attorney general.
“It’s going to have to take that at this point because I don’t see the legislature doing anything to amend it or anything unless somebody tells them this is arguably unconstitutional,” Arshad said.
