Anti-Immigrant Bills (Various)

While some of these bills failed, similar language may reappear later this session as an amendment or be reintroduced in a future session.

SB 76: Immigration Matters, authored by Sen. Liz Brown, Sen. Chris Garten, Sen. Tyler Johnson
Status: Passed out of Senate
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

Together, these bills would expand immigration enforcement in Indiana by tightening “sanctuary” restrictions, mandating cooperation with Immigration and Customs Enforcement (ICE), blurring the lines of state and local enforcement, and escalating penalties for anyone who doesn’t comply. All three bills push public institutions (including law enforcement, local government, and public colleges) toward broader cooperation with federal immigration authorities, including treating ICE detainers like mandatory holds rather than requests. Even U.S. citizens who present a passport or birth certificate could face prolonged detention while their citizenship is verified if they are subject to a detainer request.

These bills also give broad power to the attorney general, requiring the use of taxpayer dollars to defend government institutions, including law enforcement and public colleges, if they are sued for immigration enforcement. It prohibits these institutions from restricting immigration enforcement regardless of who is carrying it out – even though schools have typically been considered “sensitive locations” that are off limits.

These bills duplicate existing law that prohibits businesses from employing undocumented immigrants – in some cases requiring them to use the error-prone E-verify system. If passed, these provisions could cause authorized workers to lose job opportunities and result in discrimination.

HB 1039 and SB 122 go even further. They would prohibit cities, counties, and other levels of government from using any resources to “aid, assist, incentivize, or facilitate” migration of any non-citizen, with a few narrow exceptions – harming both people seeking to come here for a better life and the communities who benefit from their contributions.

Businesses could also trigger extreme financial penalties and even loss of licenses, turning hiring into a high-stakes legal trap. These bills also expand immigration-status data collection and reporting tied to programs like Medicaid and health care, effectively turning benefits and basic health services into immigration surveillance points.

We strongly oppose these bills because they increase the risk of unlawful detention through detainer mandates, undermine privacy and trust in schools and community institutions, expand sensitive data collection in ways that could deter people from seeking care, and would likely fuel discrimination and racial profiling. They would also expose agencies, schools, and employers to extreme legal and financial liability. Instead of addressing real local and state needs, these bills paint immigrant Hoosiers as a problem, instead of recognizing them as the essential members of our schools, workplaces, and communities that they are.