Indiana’s immigration enforcement campaign is gaining traction, as a bill mandating local governments’ cooperation with federal immigration enforcement advances to the state Senate. On Thursday, lawmakers in the House debated and voted on legislation designed to crack down on employers hiring unauthorized labor and compel local officials to comply with federal immigration detainer requests.
Rep. J.D. Prescott, the bill’s sponsor, highlighted the importance of local participation in federal efforts to secure the U.S.-Mexico border, with a particular focus on removing individuals who have committed additional crimes. This legislation, known as House Bill 1531, is now one step closer to becoming law, after a party-line vote passed it out of the House.
Local Government Compliance with Federal Immigration Enforcement
A central component of House Bill 1531 is the mandate for all levels of Indiana government to comply with federal detainer requests from U.S. Immigration and Customs Enforcement (ICE). These requests are typically made when ICE seeks to detain individuals who have been arrested by local authorities, often because they are suspected of being in the country illegally and are considered potentially dangerous.
Under the bill, local law enforcement agencies would be required to hold these individuals for an additional 48 hours to allow ICE to take them into custody. In return for compliance, local governments would be granted legal defense and legal immunity from Indiana’s attorney general in cases of detainer requests. Conversely, noncompliance would have significant consequences, including civil penalties of $10,000 per violation and the potential for the governor to withhold state funding for violators for up to a year.
Rep. Prescott framed this legislation as a necessary step for Indiana to support the broader federal goal of border security and public safety, emphasizing that communities in the state must do their part.
However, Rep. Maureen Bauer, D-South Bend, raised concerns that the bill could lead to defunding essential services like rehabilitation programs and law enforcement services if funding is withheld. “I’m not prepared to defund these essential services, cripple our law enforcement agencies and compromise the public safety in our communities,” Bauer said during the debate.
Employer Crackdown: Targeting Unauthorized Labor
Another significant aspect of House Bill 1531 is its crackdown on employers who knowingly hire or recruit unauthorized labor. Beginning in July, employers will be prohibited from hiring individuals who are not authorized to work in the United States.
The legislation includes certain exemptions, including for businesses with 10 or fewer employees. Larger businesses will be required to make reasonable efforts to verify the legal status of their employees. Employers can meet this obligation by using the federal E-Verify system, an online tool that checks the work authorization status of employees, or by adhering to industry-standard practices endorsed by the attorney general.
However, the bill allows for serious consequences for employers who fail to comply. Employers could face the suspension of their operating authorizations, and some may be placed on probation. While Rep. Ryan Dvorak, D-South Bend, criticized the bill for not going far enough in imposing “real consequences” for employers, the legislation’s supporters argue that it strikes a balance between effective enforcement and practicality for businesses.
Data Collection and Parole Sponsorship Requirements
In addition to the provisions related to local government compliance and employers, House Bill 1531 also includes measures aimed at improving the collection of data related to noncitizens receiving public benefits. The Indiana Family and Social Services Administration would be required to provide data on noncitizens receiving public assistance when requested by state lawmakers or law enforcement officers.
Another provision mandates that parole sponsors file detailed information with the Indiana Department of Revenue about individuals they are sponsoring. This is part of a broader effort to ensure that immigrants are properly accounted for within the state’s immigration and benefits systems.
What Happens Next?
With the House’s approval, House Bill 1531 now moves to the Senate for further review and discussion. If it passes in the Senate, it could become law and lead to significant changes in Indiana’s immigration enforcement practices.
Proponents of the bill argue that it is necessary for ensuring public safety and supporting federal immigration efforts, while critics express concerns about its potential impact on local communities and businesses.
Stay tuned as this legislation progresses through the legislative process and could shape how Indiana handles immigration enforcement in the future.
