IndianaSB 76Second Regular Session 124th General Assembly (2026)Senate

Immigration matters.

Sponsored By: Liz Brown (Republican)

Signed by Governor

Summary

Provides that if a law enforcement officer, governmental body, or postsecondary educational institution is made a party to a civil suit and the attorney general determines that the suit has arisen out of certain immigration matters, the attorney general may defend the law enforcement officer, the governmental body, or the postsecondary educational institution if representation is requested and the actions subject to the suit do not violate federal or state law. Provides that the prohibition on governmental bodies or postsecondary educational institutions limiting or restricting the enforcement of federal immigration law applies regardless of whether the enforcement related activity is carried out by a federal, state, or local law enforcement agency. Removes the mens rea standard in the statute concerning governmental bodies or postsecondary institutions violating the citizenship and immigration status information and enforcement of federal laws chapter. Provides that if the attorney general determines that probable cause exists that a governmental entity has not complied with certain requests, the attorney general may bring a court action to: (1) enjoin an act or practice constituting a violation; (2) impose a civil penalty for noncompliance; and (3) and obtain other such relief as is necessary. Provides that before bringing an action against a county jail for certain violations, the attorney general shall consult with the department of correction concerning the most recent inspection report and provide the county jail with notice of the attorney general's probable cause determination. Provides that a governmental body that has the custody of an individual who is the subject of an immigration detainer request shall: (1) provide the judge authorized to grant or deny the individual's release on bail notice that the individual is subject to an immigration detainer request; (2) record in the individual's case file that the individual is subject to an immigration detainer request; (3) comply with the immigration detainer request; and (4) inform the individual that the individual is being held pursuant to an immigration detainer request. Provides immunity to a governmental body or an employee of a governmental body for any action taken concerning an immigration detainer request as long as the action does not violate federal or civil law. Requires a judge who receives notice that an individual is subject to an immigration detainer request to ensure that the notice of the immigration detainer request is recorded in the court's record. Provides that the department of correction shall, in consultation with the attorney general, identify options for training concerning minimum standards for county jails. Provides that compliance with certain standards and the results of an inspection do not preclude and are not a defense to the attorney general bringing an action under IC 5-2-18.2. Provides that the department shall submit to the state budget committee status update reports. Requires the office of the secretary to submit a report to the legislative council concerning certain immigration matters. Provides that each hospital shall, not more than one hundred twenty (120) days after the end of each calendar quarter, file with the state department beginning January 1, 2027, in cases where Medicaid is the patient's payor, the form of identification, if any, used by the patient when the patient was admitted. Specifies that it is unlawful for an employer to knowingly or intentionally recruit, hire, or continue to employ an unauthorized alien in Indiana. Allows the attorney general to bring an enforcement action against an employer if the attorney general determines that probable cause exists that the employer has violated certain recruitment and hiring restrictions concerning an unauthorized alien. Prohibits an employer from discharging or discriminating against an employee because the employee communicated or cooperated with the attorney general.Provides that indecent nuisance means a place in which human trafficking is conducted and is not limited to a public place. Provides that a governmental entity that employs a prosecuting official is entitled to investigative costs, court costs, and reasonable attorney's fees incurred in an indecent nuisance action if the existence of an indecent nuisance is admitted or established in the action. Makes technical changes.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 3 benefits, 1 costs, 3 mixed.

Employers face stricter hiring rules

Beginning July 1, 2026, Indiana employers cannot knowingly or intentionally recruit, hire, or keep workers without work authorization. Reasonable checks before taking those actions, including qualifying federal electronic checks or industry-standard practices, provide a defense. Courts must order violations stopped and may suspend business approvals: five business days for a first single violation, 10 business days for multiple violations without a prior finding, or 180 days for prior violators. Repeating after the 180-day penalty can bring permanent loss of approvals at affected locations; statewide permanent loss requires willful violations at three or more locations and a prior permanent revocation. Courts may also impose six months to two years of probation, requiring quarterly hiring reports, work-eligibility records, and sworn statements; breaking probation triggers business penalties.

Governments cannot limit lawful immigration enforcement

Indiana government bodies and colleges cannot restrict federal immigration enforcement below the full extent federal law permits. This covers enforcement by federal, state, and local officers, but does not authorize actions that break state or federal law. Beginning July 1, 2026, written or unwritten policies also cannot block other government bodies or employees from cooperating with federal officials. These policies cannot restrict sharing, keeping, or gathering citizenship or immigration-status information. Protection for gathering information applies only when the request follows applicable law and policy.

Governments face immigration lawsuits and penalties

The attorney general must sue when probable cause shows a government body or college violated the immigration-cooperation rules. Available relief includes orders to comply and penalties up to $10,000 per knowing or intentional violation, paid into the state general fund. Beginning July 1, 2026, county-jail standards must include cooperation with federal immigration authorities, and failed inspections require notice to the sheriff and attorney general. For jail detainer cases, the attorney general must consult corrections officials and give notice; evidence within 30 days that violations stopped bars suit. A compliant latest inspection bars civil penalties in those jail cases, but meeting standards or passing inspection otherwise does not block or defend against suit.

Jails must honor immigration detention requests

Beginning July 1, 2026, Indiana government bodies holding someone named in an immigration detainer must follow that federal custody request. They must notify the bail-release judge and the person, and record the request in the person's case file. Judges must add written detainer notices to court records, whether received before or after judgment. Detained people can challenge mistaken identity or claim U.S. citizenship and that they cannot be removed; officials must contact immigration authorities to check either claim. Government bodies and employees receive civil and criminal liability protection only for compliance actions that follow federal and state law.

Workers protected for reporting hiring violations

Beginning July 1, 2026, Indiana employers cannot fire or discriminate against workers for cooperating with the attorney general. This protection covers communication or cooperation about compliance with the law's employment rules.

Residents can challenge human trafficking sites

Places where the law's listed human trafficking offenses occur or are allowed can qualify as an indecent nuisance. This applies even when the place is not open to the public. A prosecutor or county resident can bring a lawsuit to stop the nuisance. Beginning July 1, 2026, a prosecutor's government employer is entitled to recover investigation costs, court costs, and reasonable attorney fees. That recovery applies when the nuisance is admitted or established in the prosecutor's case.

State legal defense for immigration cooperation

Beginning July 1, 2026, the Indiana attorney general may defend law enforcement officers, government bodies, and colleges in civil lawsuits. The lawsuit must concern conduct authorized or required by the immigration-cooperation law. The officer or entity must request help, and the conduct must follow federal and state law. Representation is discretionary, not guaranteed.

Sponsors & Cosponsors

Sponsor

  • Liz Brown

    Republican • Senate

Cosponsors

  • Chris Garten

    Republican • Senate

  • Chris Jeter

    Republican • House

  • Ed Charbonneau

    Republican • Senate

  • Eric Koch

    Republican • Senate

  • Garrett Bascom

    Republican • House

  • Gary Byrne

    Republican • Senate

  • J.D. Prescott

    Republican • House

  • Jeff Raatz

    Republican • Senate

  • Michael Young

    Republican • Senate

  • Michelle Davis

    Republican • House

  • Mike Bohacek

    Republican • Senate

  • Scott Alexander

    Republican • Senate

  • Stacey Donato

    Republican • Senate

  • Tyler Johnson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 711 • No: 1,112

Senate vote • 2/25/2026

Senate concurred with House amendments

Yes: 37 • No: 11

House vote • 2/12/2026

Third reading: passed

Yes: 61 • No: 28

House vote • 2/10/2026

Amendment #24 (DeLaney) failed

Yes: 30 • No: 64

House vote • 2/10/2026

Recommitted to Committee on Veterans Affairs and Public Safety pursuant to House Rule 126.4

Yes: 29 • No: 67

House vote • 2/10/2026

Amendment #2 (Bauer) failed

Yes: 30 • No: 65

House vote • 2/10/2026

Amendment #17 (Gore) failed

Yes: 34 • No: 61

House vote • 2/10/2026

Amendment #9 (Bauer) failed

Yes: 30 • No: 62

House vote • 2/10/2026

Amendment #37 (Jackson C) failed

Yes: 31 • No: 63

House vote • 2/10/2026

Amendment #13 (Johnson B) failed

Yes: 31 • No: 63

House vote • 2/10/2026

Amendment #8 (Garcia Wilburn) failed

Yes: 34 • No: 61

House vote • 2/10/2026

Amendment #14 (DeLaney) failed

Yes: 32 • No: 61

House vote • 2/10/2026

Amendment #5 (DeLaney) failed

Yes: 31 • No: 58

House vote • 2/10/2026

Amendment #22 (DeLaney) failed

Yes: 33 • No: 63

House vote • 2/10/2026

Amendment #16 (DeLaney) failed

Yes: 30 • No: 64

House vote • 2/10/2026

Amendment #33 (DeLaney) failed

Yes: 33 • No: 61

House vote • 2/10/2026

Amendment #21 (DeLaney) failed

Yes: 32 • No: 62

House vote • 2/10/2026

Appeal the ruling of the chair (Johnson); ruling of the chair sustained

Yes: 63 • No: 31

House vote • 2/10/2026

Amendment #32 (Johnson B) failed

Yes: 31 • No: 62

House vote • 2/10/2026

Amendment #10 (DeLaney) failed

Yes: 32 • No: 63

Senate vote • 1/26/2026

Third reading: passed

Yes: 37 • No: 7

Senate vote • 1/22/2026

Amendment #3 (Ford J.D.) failed

Yes: 10 • No: 35

Bill Text

  • Engrossed Senate Bill (H)

  • Engrossed Senate Bill (S)

  • Enrolled Senate Bill (S)

  • Introduced Senate Bill (S)

  • Senate Bill (H)

  • Senate Bill (S)

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