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HB1039 • 2026

A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Crime Education Labor
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Representative J.D. Prescott
Last action
2025-12-02
Official status
Introduced House Bill (H)
Effective date
Not listed

Plain English Breakdown

The official summary does not provide detailed information on penalties or funding for enforcement.

Indiana Immigration Law Changes

This bill amends Indiana laws concerning state and local administration, focusing on immigration matters such as the role of law enforcement, handling of immigration detainers, and employer responsibilities.

What This Bill Does

  • It requires the Attorney General to defend law enforcement officers, governmental bodies, or postsecondary educational institutions if they are sued for actions related to enforcing federal immigration laws.
  • It clarifies that state and local police can help enforce federal immigration rules.
  • It mandates jails to inform judges and individuals about immigration detainer requests and comply with these requests.
  • It prohibits cities from taking actions to encourage immigrants to move into Indiana.
  • It allows the Attorney General to sue if a government body does not follow an immigration detainer request or breaks other related rules.

Who It Names or Affects

  • Law enforcement officers
  • Government bodies and schools
  • Employers who hire workers
  • People held in jails

Terms To Know

Immigration detainer request
A request from federal immigration authorities asking a jail to hold someone for up to 48 hours so that the person can be picked up by immigration officials.
Unauthorized alien
Someone who is in the United States without permission or legal status.

Limits and Unknowns

  • The bill does not specify what happens if an employer breaks rules about hiring unauthorized workers.
  • It's unclear how much funding will be provided for these changes to take place.
  • The exact penalties for noncompliance with immigration detainer requests are not detailed.

Bill History

  1. 2025-12-02 House

    Authored by Representative Prescott

  2. 2025-12-02 House

    Coauthored by Representatives Bartels, Jeter, Davis

  3. 2025-12-02 House

    First reading: referred to Committee on Judiciary

Official Summary Text

A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.
Various immigration matters.

Current Bill Text

Read the full stored bill text
A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Various immigration matters.

Provides that if a law enforcement officer, governmental body, or postsecondary educational institution is made a party to a civil suit and the attorney general determines that the suit has arisen out of certain acts, the attorney general shall defend the law enforcement officer, governmental body, or postsecondary educational institution throughout the action. 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 bodies 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. Prohibits a political subdivision from taking certain actions to aid, assist, incentivize, or facilitate the migration of any alien or class of aliens into Indiana. 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 bring a court action to: (1) enjoin an act or practice constituting a violation of an immigration detention request; and (2) impose a civil penalty for noncompliance with an immigration detention request. 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. Prohibits an employer from knowingly or intentionally recruiting, hiring, or employing an unauthorized alien. Provides that if the attorney general determines that probable cause 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 authorizations. Provides that a governmental entity that employs a prosecuting official is entitled to investigative costs and costs in an indecent nuisance action.