The Indiana Senate advanced an immigration bill on Thursday, on second reading, that would allow local and state police to enforce federal immigration laws and require Indiana law enforcement to cooperate with ICE.
Senate Bill 76, authored by State Sen. Liz Brown, states that the enforcement of federal immigration laws may be carried out by federal, state or local law enforcement. Under the bill, the Department of Correction will provide training to all sheriffs-elect on how to cooperate with the United States immigration and Customs Enforcement.
After the 2025 session, Brown was criticized by Attorney General Todd Rokita for killing a bill called the FAIRNESS Act: Fostering and Advancing Immigration Reforms Necessary to Ensure Safety and Security. State Rep. J.D. Prescott, R-Union City, filed House Bill 1039, which would revive the FAIRNESS Act, but it hasn’t been heard in committee yet.
Brown positioned Senate Bill 76 as the state’s FAIRNESS Act.
“This bill has been a long time coming,” Brown, R-Fort Wayne, said. “This is Indiana’s version of the FAIRNESS Act. This is Indiana’s FAIRNESS Act, forging American independence, restoring national exceptionalism safely and securely.”
If someone is detained under an immigration detainer request, the bill states that the governmental body should give the judge authority to either grant or deny the person’s release on bail as well as record in their file, comply with and inform the detainee of the immigration detainer request.
The bill prohibits an employer from recklessly or intentionally hiring or employing an unauthorized alien. If the attorney general or law enforcement agency finds probable cause that an employer has hired or employed an illegal immigrant, then the United States Department of Homeland Security will be notified, according to the bill.
Further, the bill requires the legislative council to receive a report with data about the number of Hoosiers who aren’t citizens and are enrolled in or receiving benefits through the Indiana Residential Care Assistance Program, public assistance and welfare programs, family assistance services, Medicaid and Community Mental Health Services.
If a law enforcement officer, government body or educational institution is sued, the attorney general shall defend the party, the bill states. It also removes mens rea standard — or criminal intent — when it comes to governmental or educational institutions for violating the citizenship and immigration status information and enforcement of federal laws.
Brown proposed an amendment to her bill when it was heard on second reading that allows the governor to withhold state grants or funding to a city that’s not complying with the law. The amendment also allows the Attorney General to sue employers who hire undocumented immigrants.
Brown said the section about employment of undocumented immigrants was “difficult” to write as she focused on following federal law and giving the Department of Labor more authority.
The amendment passed on a voice vote.
State. Sen. J.D. Ford, D-Indianapolis, proposed an amendment to the bill that a police officer can’t request verification of citizenship from someone who called 911 in response to a medical crisis. Ford said he filed the amendment because in his district an immigrant family didn’t call for medical help when needed because they were scared of being profiled and detained.
“Regulating immigration does not mean putting people’s lives at risk or obstructing first responders ability to address medical emergencies,” Ford said.
In response, Brown claimed that undocumented immigrants have harmed U.S. citizens, so “we don’t need” Ford’s amendment.
The amendment failed 10-35.
When the bill passed out of the Senate Judiciary Committee in December, Indiana Attorney General Todd Rokita criticized as a “watered-down, bizarro” version of an immigration bill that died last session, saying that it “takes all the enforcement teeth out” of House Bill 1531.
Rokita said Brown “single-handedly” killed House Bill 1531 during the 2025 session because she wouldn’t let the bill be heard in the Senate Judiciary Committee.
“Instead of just backing the FAIRNESS Act, which has already been reintroduced, Sen. Brown is desperately attempting to rewrite history and make it look like she cares about the illegal immigration issue. She doesn’t and has proven that time and time again,” Rokita said.
Senate Bill 76 moves forward for final consideration by the Senate.