The Indiana Senate gave final approval to an immigration bill that would allow local and state police to enforce federal immigration laws and allow those police to cooperate with ICE.
The bill passed 37 to 11 and now goes to Gov. Mike Braun to sign into law. State Sen. Vaneta Becker, R-Evansville, and Jean Leising, R-Oldenburg, joined all Democrats present in voting against the bill.
Lessing said because she represents a rural district, she’s concerned about the bill’s impact on the state’s agriculture industry.
The Senate took up the bill for two hours and debated whether to support House amendments to the bill.
State Sen. Liz Brown, the author of Senate Bill 76, said the House made numerous changes to the bill, including banning written and unwritten sanctuary city laws and requiring compliance with federal employment verification standards.
“We are only a sovereign nation if we have secure borders. The previous administration did a disservice to immigrants and, more importantly, American citizens by ignoring our immigration laws and removing any barriers to entry,” Brown said. “As President Trump’s team begins asking states and locals to assist federal law enforcement, the most important thing to me is that we respect law enforcement’s concerns, safety and other concerns.”
Senate Bill 76 provides that enforcement of federal immigration laws may be carried out by federal, state, or local law enforcement. Under the bill, the Indiana Department of Corrections would provide all elected sheriffs with training on how to cooperate with U.S. Immigration and Customs Enforcement.
The bill was amended by state Rep. JD Prescott in the House Judiciary Committee to make it more consistent with a bill he introduced last year, called the FAIR Act: Promoting and Advancing Immigration Reform Necessary to Ensure Safety and Security. After the 2025 session, Brown was criticized by Attorney General Todd Rokita for not advancing the FAIR Act when it came before a Senate committee she chairs.
The bill allows the attorney general to prosecute government agencies, schools or prisons that fail to comply with federal immigration officials, with penalties of $10,000 per violation. The amendment also provides that government agencies cannot be sued for complying with the act.
If a person is detained pursuant to an immigration detention request, the bill provides that the government agency shall authorize a judge to grant or deny bail to the person and record in its file that the detainee shall comply with and inform the detainee of the immigration detention request.
The bill prohibits employers from recklessly or knowingly hiring or employing undocumented immigrants. The bill allows the attorney general to prosecute employers who hire undocumented immigrants and report the individuals to the U.S. Department of Homeland Security.
Additionally, the bill requires the legislative committee to receive a report containing data on the number of Hoosiers who are not citizens but are enrolled in or receive benefits through the Indiana Residential Care Assistance Program, Public Assistance and Welfare Programs, Home Assistance Services, Medicaid, and Community Mental Health Services.
The bill provides that if a law enforcement officer, government agency, or educational institution is prosecuted, the Attorney General shall defend the party. It also eliminates the mens rea standard when it comes to government or educational institutions violating citizenship and immigration status information and enforcing federal law.
The bill allows the governor to withhold state grants or funds provided to cities that do not comply with the law.
As senators discussed amendments to the bill on the House floor, Senate President Lt. Gov. Micah Beckwith shared a photo of the chamber and his support for the entire bill on his “Micah Beckwith For Indiana” Facebook page.
“This is a common-sense immigration bill that gives Indiana the tools it needs to uphold the rule of law and ensures that people here illegally no longer drain the resources of Indiana citizens,” Beckwith said.
State Sen. Lonnie Randolph, R-Chicago’s East Side, expressed concern about the way the bill was revised because it still gives local and state law enforcement agencies the power to enforce federal immigration laws without taking into account training costs and increased police workload.
Randolph also expressed concern about the employment portion of the bill, which could lead company leaders to select candidates based on preconceived notions about who is not an immigrant in order to avoid breaking the law.
Randolph said the bill “invites” ICE into Indiana, and with it, “untrained and unprofessional” ICE agents who detain and kill U.S. citizens, just like in Minnesota.
“We don’t need this stuff at all. It doesn’t help us. It hurts us,” Randolph said.
State Sen. Andrea Hunley, D-Indianapolis, said that as a former principal, when she read the chapter about schools having to comply with ICE agents, she imagined her former secretary, Lisa, a former military police officer, being the “first line of defense” for people entering the building.
“Lisa didn’t play. I imagine if someone came in and asked, ‘Is little Andrea enrolled here?’ … I’d be damned if someone got past Lisa and entered the building,” Henry said.
Henry said that under federal law, schools are required to teach students regardless of immigration status. She said student information is protected under the Family Educational Rights and Privacy Act.
So, under Senate Bill 76, if ICE agents entered a school and started asking questions about students, school administrators would have to choose between violating state law or federal law, Hunely said.
“When we talk about kids, we can’t get it wrong. I can’t imagine picking up my kids from school and they’re not there and I don’t know where they are,” Henry said.
State Sen. Shelli Yoder, D-Bloomington, said her biggest concern with the House changes to the bill is the removal of mens rea, which means before someone can be charged, prosecutors must prove that he or she intentionally broke the law.
Overall, the bill will impact schools, employment practices and the workforce pipeline. Yoder said the bill could lead to racial profiling in all of these areas.
“Immigration status is invisible. Citizenship status is invisible. Legal work authorization is invisible. When enforcement depends on suspicion, suspicion inevitably falls on appearance, language, accent and background,” Yoder said.
Republican lawmakers relied on divisive rhetoric to draw a distinction between Native Americans and illegal immigrants. Many Republicans who spoke expressed support for deporting undocumented immigrants from the country.
Sen. Chris Garten, a Charlestown Republican, said he supports the bill and the methods used to deport undocumented immigrants.
“I don’t care how long they’ve been here. They need to leave. I support whatever it takes to get every (undocumented immigrant) out of Indiana today. I don’t care who they work for. I don’t care how many family members are here. It makes no difference to me,” Garten said.
Indianapolis state Sen. Michael Young said that as Trump said in his State of the Union address, the government should put citizens first.
“To me, our first duty is to protect our citizens, not those who are here illegally,” Young said.
akukulka@post-trib.com
