The Senate Judiciary Committee approved Tuesday an immigration bill that the Indiana Attorney General Todd Rokita criticized as a “watered-down, bizzaro world” version of an immigration bill that died last session.
Sen. Liz Brown, R-Fort Wayne, said she authored Senate Bill 76 to ensure that law enforcement officials in Indiana have proper training in immigration law enforcement. The bill ensures the state’s immigration laws “are being enforced and carried out,” she said.
“We know that President (Donald) Trump’s administration has asked for — and pleaded for quite frankly — support from local law enforcement. I have found overwhelmingly that our local law enforcement are willing to do that,” Brown said.
Rokita said Brown “single-handedly” killed the House Bill 1531 during the 2025 session because she wouldn’t let the bill be heard in the Senate Judiciary Committee. Rokita said Senate Bill 76 “takes all the enforcement teeth out” of House Bill 1531.
“Instead of just backing the FAIRNESS Act (HB 1531), 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.
SB 76 states that if a law enforcement officer, government body, or educational institution is sued the attorney general can represent them in court.
The bill also states that the enforcement of federal immigration laws may be carried out by federal, state or local law enforcement. 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.
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 it in their file, and comply with and inform the detainee of the immigration detainer request.
The bill prohibits an employer from recklessly or intentionally hiring or employing an illegal immigrant. 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.
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.
Further, the bill requires the office of the secretary to submit a report to the legislative council with data with the number of noncitizens who are receiving benefits through the Indiana Residential Care Assistance Program, public assistance and welfare programs, family assistance services, Medicaid and Community Mental Health Services.
Brown said she talked with Trump administration officials when crafting the bill. To enforce and fund the bill, Brown said the state will use resources within its disposal.
“The goal here is to not grown government and use the resources we have. By using the resources we have (we’re) saving taxpayer dollars as well,” Brown said.
During public comment, there were a mixture of people opposed to the bill as a whole, people who opposed the bill because it didn’t go far enough and support for the bill.
Rachel Van Tyle, director of Legal Services at Exodus Refugee Immigration, opposed the bill, particularly the section about the report of non-citizens applying for or utilizing services being shared with the legislative council.
Van Tyle said there are some programs, like Medicaid, where non-citizens can apply and receive benefits. In the rare event that someone applies for a benefit as a non-citizen, the person is notified that they don’t qualify for the benefit and don’t receive it, she said.
“It seems to me that the underlying purpose of this is to get their home address and things like that so you can aid in enforcement,” Van Tyle said.
Indiana Family and Social Services Administration Secretary Mitch Roob said the agency reviews citizenship data for those who apply for benefits like SNAP and Medicaid. Under the bill, FSSA will present the data to the legislative council, he said.
Indiana “spent no money on illegal immigrants” for benefits, Roob said. The state has paid for benefits for those legally in the country, he said.
Carolina Castoreno, with the Alliance for Latino Migrant Advocacy, said the bill turns Indiana police, jails and educational institutions into an extension of federal immigration enforcement.
The bill will erode public trust in law enforcement, which will lead to unsafe communities as victims and witnesses of crime don’t file reports for fear of being racially profiled or worse, Castoreno said.
Further, the bill encourages racial discrimination in the workplace as employers will hesitate to hire minority employees for fear of dealing with potential immigration status retribution, Castoreno said.
Lastly, Castoreno said she’s concerned with the attorney general’s office defending institutions sued for violating people’s rights.
“We should be strengthening accountability not shielding the state from the consequences of unconstitutional acts. Accountability is essential in government,” Castoreno said.
Nathan Roberts, a member of Save Heritage Indiana, said he doesn’t support the bill because it is “too lax.” Roberts said he would like to see an end to all “illegal mass migration” into the United States.
Roberts said illegal immigration negatively impacts taxpayer dollars through education, benefits and court system costs for illegal immigrants.
“You cannot call yourself a fiscal conservative if you do not take this issue seriously,” Roberts said.
Barbara Rosenberg, legislative director for Indiana State Police, said the agency appreciates the bill for its protection of law enforcement officers.
“The governor’s overall goal this session is to get a strong immigration bill in front of him at his desk that he can sign to support law enforcement and enhance the relationship between the federal government immigration (enforcement) as well as state agencies and other agencies across the state,” Rosenberg said.
Erin Tuttle, legislative director for the Attorney General’s Office, said the office opposes the bill. Tuttle encouraged the committee to take up the re-filed FAIRNESS Act.
The bill passed 6-2, with Democratic members Rodney Pol Jr., D-Chesterton, and Greg Taylor, D-Indianapolis, voting against it.
Senators Susan Glick, R-LaGrange, and Eric Koch, R-Bedford, said they support the bill but that it needs more work.
Pol said he couldn’t support the bill because it will put a strain on local police to become immigration enforcement officers.
“We have to let the sheriffs be the sheriffs. We have to let the local police be the local police. When we impose that duty on them, to enforce federal law, it really takes away from their ability to do what their original job was,” Pol said.
Brown blamed former President Joe Biden and his administration for an open border policy that “created an almost humanitarian crisis.”
“It’s becoming an issue, and it’s something that we need to address,” Brown said.
In response, Taylor said that under the Biden Administration a bipartisan immigration bill was shut down by then-presidential candidate Donald Trump so he could campaign on immigration.
After the committee vote, Rokita said the bill will “actively shield sanctuary jurisdictions” and undermines his office’s lawsuits to end sanctuary policies in Monroe and St. Joseph counties.
“We need to stop illegal immigration — not protect the counties and officials who defy state law and put Hoosier families last,” Rokita said.