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An altered Indiana bill mandating local cooperation with federal immigration efforts emerged Monday from a marathon committee hearing and now heads to the House floor.
More than 60 witnesses testified during the five-hour meeting, with about a dozen in support and four dozen in opposition. The legislation advanced in a 9-4 vote.
Senate Bill 76 “makes it clear to those harboring and encouraging illegal aliens that Indiana will not have its laws ignored,” said the bill’s author, Sen. Liz Brown, in a statement.
“Universities, cities and employers, obey the law or face repercussions,” continued Brown, R-Fort Wayne.
The legislation would block government bodies and public universities from enacting any policies that limit cooperation — including of their employees — with federal immigration authorities or laws, regardless of what level of government is doing the enforcement.
Senate Bill 76 would also empower the state’s attorney general to seek civil penalties of $10,000 per knowing and intentional violation by government bodies and public universities. Only county jails would get a warning — and 30 days to make fixes — before facing legal action.
A provision allowing the governor to withhold funding from local units for up to a year was removed.
After the committee consented to a significant amendment to the “poor Senate version,” Indiana Attorney General Todd Rokita praised the “substantially improved” bill.
“We can’t afford half-measures on this issue, and no compromises should be made when it comes to mitigating the devastating effects of illegal immigration in our communities — only decisive, unequivocal action will protect public safety and put Hoosiers first,” Rokita said in a news release.
Bad blood between Rokita and Brown — which includes a misconduct complaint against him — stems from Brown’s refusal to hear a version of the proposal last year in her committee, killing that bill. Rokita called her pre-amendment take on the concept “toothless.”
The bill would specifically require local units of government to comply with federal detainer requests. U.S. Immigration and Customs Enforcement frequently asks local police and others to keep “potentially dangerous aliens” for 48 hours past when they would otherwise be released so ICE agents can take them into custody.
Government entities and their employees would be immune from both civil and criminal liability in lawsuits over actions they take to comply with the revamped legislation.
Supporters backed a hard-line approach.
“All it takes is one Democratic president to get back into the White House and open the flood gates like Biden did, and states are helpless to be able to defend themselves,” said Nathan Roberts, co-founder of Save Heritage Indiana. “… (The bill) will make Indiana the model for common-sense immigration enforcement throughout the country.”
Opponents decried the measure, pointing to Trump’s ongoing deployment of federal immigration officers to Minnesota. Two U.S. citizens have been killed this month in “Operation Metro Surge” shootings, driving massive protests in and beyond the Twin Cities.
“How can it be that you’re witnessing ICE’s actions in Minneapolis — where they have attacked individuals only for exercising their rights, and who even took U.S. citizens’ lives in broad daylight — (and) your response … is to demand cooperation with them?” asked Carmen Ramos, an Indianapolis educator. “… We need humane immigration reform, not lawless masked men.”
Senate Bill 76 also takes aim at employers, banning them from knowingly or intentionally employing unauthorized workers, with protections for those who try to ensure eligibility through the federal E-Verify program or by other, Rokita-approved means.
The legislation lays out escalating punishments for employers who violate the ban. A court could suspend a company’s operating authorization for five business days or order permanent revocations at all of the firm’s locations in Indiana, depending on the number of violations and the employer’s history.
State Business Affairs Secretary Mike Speedy threw his support behind the measure.
“Combating illegal immigration has been a top priority by the (President Donald) Trump administration, and one that Gov. (Mike) Braun wholeheartedly supports,” said Speedy, who added that Braun wants “the strongest version of this bill that can get to his desk.”
Other provisions would eye immigrant use of social safety net programs.
The Family and Social Services Administration would need to provide the number of non-citizens in Indiana receiving public benefits, and specify their immigration status, in annual reports to the legislative council. Hospitals would have to track the form of identification Medicaid patients present during intake in quarterly reports to the Indiana Department of Health.
The Indiana Capital Chronicle is an independent, nonprofit news organization that covers state government, policy and elections.
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