SB 196 would require sheriffs to work with Immigration and Customs Enforcement (ICE) of the United States Department of Homeland Security (DHS) to determine the legal residency status of a prisoner. Local law enforcement should not do ICE’s bidding.
It is voluntary for local law enforcement to work with ICE, absent a judicial warrant. The use of detainers to imprison people without due process and, in many cases, without any charges pending or probable cause of any violation raises serious constitutional concerns. The ACLU of Indiana opposes SB 196 and encourages local law enforcement agencies to decline any ICE detainer requests absent a judicial warrant in order to minimize the risk and liability of holding a person in violation of the Fourth Amendment.