Indiana lawmakers overhauled an immigration bill Monday to further align with the Trump Administration’s immigration enforcement policies. The legislation was met with hours of passionate testimony, most in opposition.
Senate Bill 76 came from conversations between bill author Sen. Liz Brown (R-Fort Wayne) and the Indiana Sheriffs’ Association. Brown said the bill provides critical training and support to law enforcement in the state that was previously missing.
“Our law enforcement have been overwhelmed in the last few years as they have tried to assist federal law enforcement and how to honor and respect these detainer warrants,” Brown said.
An amendment added during Monday’s House Judiciary Committee by Rep. J.D. Prescott (R-Union City) takes the move even further. It adds language from another immigration bill Prescott authored in the House that failed to get a hearing.
Referred to as the FAIRNESS Act, House Bill 1039, was deemed the “gold standard” by President Trump’s Border Czar Tom Homan when he visited with Indiana officials in October. Similar legislation was considered by Indiana lawmakers last year.
Read more about immigration bills in the 2026 Indiana legislative session.
The bill forces state and local law enforcement, government and postsecondary schools to fully comply with federal and state immigration laws or potentially face a fine of up to $10,000. This would apply to U.S. Immigration and Customs detainer requests where sheriffs have to hold individuals an additional 48 hours past scheduled release so ICE can take them into custody. It also gives criminal and civil immunity to a governmental body or employee’s actions taken in accordance with the legislation.
On behalf of the Indiana Sheriffs’ Association, Delaware County Sheriff Tony Skinner spoke in favor.
“We support this bill,” Skinner said. “I like the idea of the continuity of all the sheriffs being under the same rules.”
Under the proposed legislation the Indiana attorney general would have more power over immigration policies. The measure would give the office oversight on whether government entities are complying with enforcement including detainer requests. The attorney general would also be able to defend law enforcement, government and postsecondary schools acting in accordance.
Now as amended the Indiana Attorney General’s Office has shifted to support the bill. Assistant Chief Deputy Blake Lanning said the language gives the office the needed power to address pending legal cases.
“We’re doing the best we can to bring folks into compliance under existing law, that our job can be made easier and the state's ability to enforce its laws can be made easier by closing loopholes in the existing statute,” Lanning said.
The bill also sets out penalties for businesses found to knowingly or intentionally employ an individual without authorization. Employers will be expected to use E-Verify, or another federally operated program to check eligibility. Employers could face escalating punishments if found to be in violation.
Tucked into the bill are reporting requirements for Family and Social Services Administration on immigrants receiving welfare benefits such as Medicaid and SNAP. The data collected would be shared in annual reports. Hospitals would also be required to check and report identification given by people on Medicaid.
Save Heritage Indiana co-founder Nathan Roberts said he’s in favor of the bill. He believes it will help address illegal immigration in the state.
“It will make Indiana the model for common sense immigration enforcement throughout the country,” Roberts said.
But most people who spoke urged lawmakers to vote against it. Immigration organizations spoke to the harm the legislation would have on the people they work with. Some speakers shared personal stories of loved ones affected by current immigration enforcement and the growing fear and distrust.
Pediatrician and Carmel City Councilor Dr. Anita Joshi said she opposes the bill forcing broad compliance that she believes removes necessary local discretion.
“I can tell you that public safety depends on trust when residents fear that any interaction with their local government could have immigration consequences right or wrong, crimes go unreported and communities are less safe,” Joshi said.
Noblesville resident Coumba Kebe said the legislation goes against Indiana’s Christian values.
“How can we claim to be pro life while supporting the inhumane treatment of immigrants in this country?”
After hearing more than four hours of testimony, Rep. Victoria Garcia Wilburn (D - Fishers) said she’s concerned the bill creates confusion and division.
“I think that we are really treading on dangerous ground,” Wilburn said. “We have been able to enact federal law very peacefully here in Indiana, we should honestly be a model for the rest of the country.”
Garcia Wilbrun joined three others to vote against the bill. The amended version passed 9-4 out of the House Judiciary Committee.
Contact WFYI All Things Considered newscaster and reporter Samantha Horton at shorton@wfyi.org or on Signal at SamHorton.05.