Legislative Update

Various immigration matters

Filed Under: Criminal

The House Judiciary Committee heard HB 1531 authored by Rep. Prescott and co-authored by Rep. Jeter on various immigration matters. The bill:

  • Clarifies that the enforcement of federal immigration laws may be carried out by federal, state, or local law enforcement.
  • Removes the mens rea standard in the statute concerning governmental entities or postsecondary institutions violating the citizenship and immigration status information and enforcement of federal laws chapter.
  • Provides that a governmental body that has the custody of an individual who is the subject of an immigration detainer request shall: (1) provide the judge authorized to grant or deny the individual’s release on bail notice that the individual is subject to an immigration detainer request; (2) record in the individual’s case file that the individual is subject to an immigration detainer request; (3) comply with the immigration detainer request; and (4) inform the individual that the individual is being held pursuant to an immigration detainer request.
  • Provides immunity to a governmental body or an employee of a governmental body for any action taken concerning an immigration detainer request.
  • Provides that if the attorney general determines that probable cause exists that a governmental entity has not complied with an immigration detention request, the attorney general may: (1) issue a cease and desist order; (2) bring a court action to enjoin an action or practice constituting a violation of an immigration detention request or compel compliance with the immigration detention request; and (3) impose a civil penalty for noncompliance with an immigration detention request.
  • Provides that if the attorney general determines a governmental body did not comply with an immigration detention order, upon the advice of the attorney general, the governor may order that state funding and grants be withheld to the governmental body.
  • Requires a judge who receives notice that an individual is subject to an immigration detainer request to ensure that the notice of the immigration detainer request is recorded in the court’s record.
  • Requires a judge to report to the United States Immigration and Customs Enforcement Agency an individual who has been convicted in the judge’s court of a felony or misdemeanor.
  • Prohibits an employer from recruiting, hiring, or employing an unauthorized alien.
  • Provides that if the attorney general determines that probable causes exists that an employer has recruited, hired, or employed an unauthorized alien, the attorney general may enjoin the action and seek the suspension of the employer’s operating authority.
  • Requires a parole sponsor to submit certain information to the state department of revenue annually.
  • Provides that the state department of revenue shall retain the information submitted by parole sponsors and may share the information with the attorney general.
  • Makes it a Level 6 felony if a parole sponsor knowingly or intentionally submits a false statement or false supporting documentation to the state department of revenue.
  • Requires each school corporation and charter school to report to the department of education certain student information.

The bill was amended by consent to:

  • Provide that if a law enforcement officer, governmental body, or a postsecondary educational institution is made a party to a civil suit and the attorney general determines that the suit has arisen out of an act authorized or required by IC 5-2-18.2, the attorney general shall defend the law enforcement officer, the governmental body, or the postsecondary educational institution throughout the action.
  • Remove language requiring each school corporation and charter school to report to the department of education certain student information.
  • Clarify language concerning employer violations of the employment of unauthorized aliens statute.
  • Change the definition of “immigration detainer request”.
  • Delete the language concerning the attorney general: (1) being able to issue a cease and desist order for noncompliance with an immigration detainer request; (2) filing an action in the county in which the governmental body is located; and (3) issuing an investigation demand.
  • Provide that the governor may withhold grants or state funding to a governmental body for up to one year in certain situations.
  • Replace references to “federal authority” and “federal authorized immigration agency” with “an authorized immigration officer”.
  • Provide that a governmental entity that employs a prosecuting official is entitled to investigative costs and costs in an indecent nuisance action.
  • Remove language making it a crime for a parole sponsor to file a false statement or false supporting documentation.
  • Remove language requiring a judge to make certain reports to the United States Immigration and Customs Enforcement Agency.
  • Provide that it is unlawful for an employer to knowingly or intentionally recruit, hire or employ an unauthorized alien in Indiana.

The Indiana Attorney General, National Immigration Center for Enforcement (NICE), Indiana Family Institute, an attorney and two members of the public testified in support of the bill.  The Indiana Catholic Conference, Indiana Latino Democratic Caucus, Exodus Refugee Immigration, and several members of the public testified in opposition.  The Association of Indiana Counties, Indiana Sheriffs’ Association, Indiana Manufacturers Association, Indiana Chamber of Commerce, Indy Chamber, One Zone Chamber, Aspire Johnson County, and the Indiana Outdoor Management Alliance testified about concerns but remained neutral.  The amended bill passed 9-4.

Read the bill at https://iga.in.gov/legislative/2025/bills/house/1531