Anti-Immigrant & Enforcement Bills (SEA 76 & Others)

• SEA 76: Immigration Matters, authored by Sen. Liz Brown, Sen. Chris Garten, Sen. Tyler Johnson | Status: Signed by Governor
• HB 1039: Various Immigration Matters, authored by Rep. J.D. Prescott | Status: Failed
• SB 122: Various Immigration Matters, authored by Sen. Eric Koch, Sen. Chris Garten, Sen. Ryan Mishler | Status: Failed

SEA 76 combines language from earlier bills and expands immigration enforcement in Indiana by tightening “sanctuary” restrictions, requiring greater cooperation with Immigration and Customs Enforcement (ICE), broadening the attorney general’s enforcement power, and creating new penalties for noncompliance.

The law pushes public institutions, including local law enforcement, governmental bodies, and colleges, toward greater cooperation with federal immigration authorities. It bars written and unwritten policies that restrict immigration-status information sharing or otherwise limit immigration enforcement to less than the full extent permitted by federal law, so long as the enforcement activity does not violate state or federal law. It also gives the attorney general broad authority to sue for compliance, seek injunctions, and pursue civil penalties of up to $10,000 for each knowing or intentional violation.

SEA 76 also requires local jails to comply with immigration detainer requests, treating them more like mandatory holds than voluntary requests. Although the law allows people to claim they were misidentified or are U.S. citizens, it still increases the risk of wrongful detention without a judge-signed warrant and raises serious Fourth Amendment concerns. The law also requires notice of detainers to be added to court records and adds new jail standards, training, inspections, and potential attorney general action against noncompliant county jails, including court action restricting jail operations.

Beyond detention, SEA 76 expands immigration-related surveillance and enforcement in public systems and workplaces. It requires FSSA to annually report data on noncitizens receiving certain public benefits. Beginning January 1, 2027, it also requires hospitals to report the form of identification used at admission when Medicaid is the patient’s payor, which could chill access to care. In the workplace, the law creates a new employer enforcement scheme that allows attorney general investigations and escalating penalties, including probationary reporting requirements, license suspensions, and permanent revocation of operating authorizations. It also encourages greater use of work-authorization verification systems like E-Verify, which are known to produce database errors and mismatches that can cost legally authorized workers job opportunities and increase discrimination.

We oppose SEA 76 because it increases the risk of prolonged and wrongful detention, undermines trust in public institutions, expands immigration-related surveillance in places people rely on for care and services, and creates a high-stakes workplace enforcement scheme that is likely to be discriminatory in practice.