LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6883 NOTE PREPARED: Dec 27, 2024
BILL NUMBER: HB 1158 BILL AMENDED:
SUBJECT: Participation in the 287(g) Program.
FIRST AUTHOR: Rep. Lauer BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill requires each sheriff with regard to a county jail to: (1) enter into a
written agreement with the United States Immigration and Customs Enforcement to participate in the
immigration program established under Section 287(g) of the Immigration and Nationality Act not later than
January 1, 2026; and (2) beginning October 1, 2025, notify the department of correction quarterly of the
status of a written agreement and any reason for noncompliance.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Status Updates: The Department of Correction (DOC) would have a
small increase in workload to receive a quarterly status of the written agreement and reasons for
noncompliance. This requirement should be accomplished within existing resources.
Explanation of State Revenues:
Explanation of Local Expenditures: Written Agreement: County sheriffs would have a significant short
term workload increase to enter into a written agreement with the United States Immigration and Customs
Enforcement to participate in the immigration program established under Section 287(g) of the Immigration
and Nationality Act not later than January 1, 2026, and provide status updates to DOC beginning October
1, 2025. While the requirements should be done within existing resources, the approval of the agreement may
take longer than the January 1, 2026, deadline due to approvals typically taking a year.
287(g) program: The bill would increase the workload and expenditures for county jails to participate in the
immigration program established under Section 287(g) of the Immigration and Nationality Act. Expenditures
and workload increases will vary depending on the particular program model a county sheriff decides.
Additional Information - The 287(g) program allows local prisons and jails to enter into memorandum of
agreements with U.S. Department of Homeland Security (DHS) that allow agents of a state or local entity
to facilitate certain immigration actions under either the Jail Enforcement Model (JEM) or Warrant Service
Officer (WSO) model. Both of these models function exclusively in prisons and jails and neither permit state
HB 1158 1 or local law enforcement officers to serve warrants or carry out other immigration enforcement actions
outside those institutions.
The Jail Enforcement Model trains a local or state employee to initiate, process and serve deportation orders
and requires four weeks of initial training at the Federal Law Enforcement Training Center in Charleston,
SC, as well as remote and refresher training throughout the service of the Jail Enforcement officer. The
Warrant Service Officer is trained on-site at the partner agency's facility, with eight hours of initial training
conducted by ICE agents assigned to the partner agency's region. WSOs are empowered only to serve an
existing ICE warrant and to retain designated personnel in custody until they are transferred to ICE.
The training for both JEM and WSO models is primarily funded by DHS, with the partner agency responsible
only for pay and benefits of the participating officers. Operational costs for both models include basic
administrative resources such as computers and office supplies, office space and furniture, all of which are
likely to be taken from existing agency resources. The JEM program is more manpower-intensive than the
WSO model and typically requires at least one full-time officer per 1,000 inmates.
There are currently no 287(g) programs in Indiana. Approval of a 287(g) agreement typically takes a year.
Explanation of Local Revenues:
State Agencies Affected: Department of Correction.
Local Agencies Affected: County sheriffs and jails.
Information Sources: Brandon Bowyer, 287(g) Program Manager, U.S. Department of Homeland Security.
Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act,
https://www.ice.gov/identify-and-arrest/287g.
Fiscal Analyst: Nate Bodnar, 317-234-9476.
HB 1158 2