Introduced Version
HOUSE BILL No. 1531
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-18.2; IC 6-3-7-6; IC 12-8-1.5-21;
IC 20-26-11-34; IC 22-5-9; IC 34-30-2.1-32.5; IC 35-52-6-23.5.
Synopsis: Various immigration matters. 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
(Continued next page)
Effective: Upon passage; July 1, 2025.
Prescott, Jeter, Davis, Bascom
January 21, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1531—LS 7716/DI 107 Digest Continued
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.
2025 IN 1531—LS 7716/DI 1072025 IN 1531—LS 7716/DI 107 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1531
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-18.2-1.7 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 1.7. As used in this chapter,
4 "immigration detainer request" means a request issued by a
5 federal authority to a law enforcement agency to detain an
6 individual pursuant to 8 CFR 287.7.
7 SECTION 2. IC 5-2-18.2-4, AS AMENDED BY P.L.265-2017,
8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 UPON PASSAGE]: Sec. 4. A governmental body or a postsecondary
10 educational institution may not limit or restrict the enforcement of
11 federal immigration laws, regardless of whether the enforcement is
12 carried out by a federal, state, or local law enforcement agency, to
13 less than the full extent permitted by federal law.
14 SECTION 3. IC 5-2-18.2-5, AS AMENDED BY P.L.76-2024,
15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2025 IN 1531—LS 7716/DI 107 2
1 JULY 1, 2025]: Sec. 5. (a) If the attorney general determines that
2 probable cause exists that a governmental body or a postsecondary
3 educational institution has violated this chapter, the attorney general
4 shall bring an action to compel the governmental body or
5 postsecondary educational institution to comply with this chapter.
6 (b) If the attorney general determines that probable cause exists
7 that a governmental body has not complied with an immigration
8 detainer request, the attorney general may:
9 (1) issue a cease and desist order, with or without a hearing;
10 and
11 (2) bring an action in the circuit court of the county in which
12 the governmental body is located to:
13 (A) enjoin an act or a practice constituting a violation;
14 (B) enforce compliance with section 9 of this chapter; or
15 (C) impose a civil penalty of ten thousand dollars ($10,000)
16 for each violation.
17 (c) The attorney general shall transfer all penalties collected
18 under this chapter to the treasurer of state for deposit in the state
19 general fund.
20 (d) If in an action taken under subsection (b), a governmental
21 body is found to have violated an immigration detainer request in
22 section 9 of this chapter, the governor may, upon the advice of the
23 attorney general, withhold any grants or state funding to the
24 governmental body.
25 SECTION 4. IC 5-2-18.2-6, AS AMENDED BY P.L.76-2024,
26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 UPON PASSAGE]: Sec. 6. (a) If a court finds by a preponderance of
28 the evidence that a governmental body or postsecondary educational
29 institution knowingly or intentionally violated this chapter, the court
30 shall enjoin the violation.
31 (b) This section expires June 30, 2025.
32 SECTION 5. IC 5-2-18.2-6.1 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2025]: Sec. 6.1. If a court finds by a
35 preponderance of the evidence that a governmental body or
36 postsecondary educational institution violated section 9 of this
37 chapter, the court shall:
38 (1) enjoin the violation; or
39 (2) grant the remedies for a violation as provided by section
40 5(b) of this chapter.
41 SECTION 6. IC 5-2-18.2-9 IS ADDED TO THE INDIANA CODE
42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2025 IN 1531—LS 7716/DI 107 3
1 1, 2025]: Sec. 9. (a) Except as provided in subsection (b), a
2 governmental body that has custody of an individual who is the
3 subject an immigration detainer request shall:
4 (1) provide to the judge authorized to grant or deny the
5 individual's release on bail under IC 35-33-8-3.2 notice that
6 the individual is subject to an immigration detainer request;
7 (2) record in the individual's case file that the individual is
8 subject to an immigration detainer request;
9 (3) comply with all requests made in the immigration detainer
10 request; and
11 (4) inform the individual that the individual is being held
12 pursuant to an immigration detainer request issued by a
13 federal authority.
14 (b) If an individual who is the subject of an immigration
15 detainer request presents a United States passport or a birth
16 certificate issued in the United States to the governmental body, the
17 governmental body shall contact the federal immigration agency
18 to determine whether the individual is a citizen of the United
19 States.
20 (c) A governmental body or an employee of a governmental
21 body is not criminally or civilly liable for any action taken in
22 compliance with an immigration detainer request under this
23 section.
24 SECTION 7. IC 5-2-18.2-10 IS ADDED TO THE INDIANA CODE
25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
26 1, 2025]: Sec. 10. (a) A judge who receives notice that an individual
27 is subject to an immigration detainer request under section 9 of
28 this chapter shall ensure that the notice of the immigration
29 detainer request is recorded in the court's record, regardless of
30 whether the notice was received before or after a judgment in a
31 case.
32 (b) A judge shall report to the United States Immigration and
33 Customs Enforcement Agency an individual who is not a citizen of
34 the United States who has been convicted in the judge's court of a
35 felony or misdemeanor.
36 SECTION 8. IC 6-3-7-6 IS ADDED TO THE INDIANA CODE AS
37 A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
38 2025]: Sec. 6. (a) As used in this section, "parole sponsor" means
39 a person who has submitted a Form I-134A Online Request to be
40 a Supporter and Declaration of Financial Support to the United
41 States Citizenship and Immigration Services on behalf of an
42 individual intending to:
2025 IN 1531—LS 7716/DI 107 4
1 (1) be paroled into the United States under section 212(d)(50)
2 of the Immigration and Nationality Act; and
3 (2) to reside in Indiana.
4 (b) The state department of revenue shall prescribe a form for
5 a parole sponsor to file under this section. The form must:
6 (1) request:
7 (A) a copy of all Forms I-134A that the parole sponsor has
8 filed with the United States Citizenship and Immigration
9 Services for the preceding two (2) years; and
10 (B) a copy of all supporting documentation that the parole
11 sponsor submitted to the United States Citizenship and
12 Immigration Services for the preceding two (2) years
13 concerning Forms 1-134A; and
14 (2) include an attestation confirming the accuracy of the
15 submissions and representations made to the United States
16 Citizenship and Immigration Services in the Forms I-134 or
17 the opportunity to explain why an attestation cannot be given.
18 (c) A parole sponsor shall submit the form and requested
19 information described in subsection (b) to the department on April
20 15 of each year for the preceding calendar year.
21 (d) The department shall keep all materials received under this
22 section on file and shall share the information with the attorney
23 general upon the attorney general's request.
24 (e) A parole sponsor who knowingly or intentionally files a false
25 statement or false supporting documentation under this section
26 commits a Level 6 felony.
27 SECTION 9. IC 12-8-1.5-21 IS ADDED TO THE INDIANA CODE
28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
29 1, 2025]: Sec. 21. (a) Upon the request of a member of the general
30 assembly or a state officer (as defined in IC 4-2-6-1(a)(19)), the
31 office of the secretary shall provide:
32 (1) except as provided in subsection (b), data regarding the
33 number of individuals in Indiana who:
34 (A) are not citizens of the United States; and
35 (B) are enrolled in or receiving benefits under:
36 (i) IC 12-10-6;
37 (ii) IC 12-13;
38 (iii) IC 12-14;
39 (iv) IC 12-15; and
40 (v) IC 12-19; and
41 (2) the immigration status of each individual described in
42 subdivision (1).
2025 IN 1531—LS 7716/DI 107 5
1 (b) The data described in subsection (a) does not include
2 personal health data.
3 SECTION 10. IC 20-26-11-34 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 34. (a) As used in this section,
6 "non-English dominant students" has the meaning set forth in
7 IC 20-30-9-4.
8 (b) As used in this section, "unlawfully present student" means
9 a student who either lacks immigration status or is removable
10 under United States immigration law.
11 (c) Not later than April 15 of each year, each school corporation
12 and charter school shall report to the department and make
13 publicly available the following information:
14 (1) The number of unlawfully present students enrolled in the
15 school corporation or charter school.
16 (2) The number of unlawfully present students who are
17 non-English dominant students enrolled in the school
18 corporation or charter school.
19 (3) The total number of non-English dominant students
20 enrolled in the school corporation or charter school.
21 (4) The number of personnel employed by the school
22 corporation or charter school to provide bilingual instruction.
23 (5) The attendance and truancy rates of unlawfully present
24 students enrolled in the school corporation or charter school.
25 (6) The number of students who are not United States citizens
26 enrolled in the school corporation or charter school.
27 (7) The immigration status of each student who is not a United
28 States citizen enrolled in the school corporation or charter
29 school.
30 SECTION 11. IC 22-5-9 IS ADDED TO THE INDIANA CODE AS
31 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2025]:
33 Chapter 9. Employment of Unauthorized Aliens
34 Sec. 1. As used in this chapter, "agency" means any state or
35 local administration, agency, authority, board, bureau,
36 commission, committee, council, department, division, institution,
37 office, service, or other similar body of government created or
38 established by law that issues a license for purposes of operating a
39 business in Indiana.
40 Sec. 2. As used in this chapter, "employee" means an individual
41 who is employed by an employer, including an individual who is
42 suffered or permitted to work.
2025 IN 1531—LS 7716/DI 107 6
1 Sec. 3. As used in this chapter, "employer" means a person,
2 including an agent, that employs an employee in Indiana.
3 Sec. 4. As used in this chapter, "employ" means to engage the
4 services or labor of an individual for wages or other remuneration,
5 including to suffer or permit to work.
6 Sec. 5. As used in this chapter, "operating authority" means a
7 license, permit, certificate, approval, registration, charter, article
8 of incorporation, or other form of authorization that is:
9 (1) issued by an agency; and
10 (2) used by a person to engage in commerce in Indiana.
11 Sec. 6. As used in this chapter, "unauthorized alien" has the
12 meaning set forth in 8 U.S.C. Sec. 1324a(h)(3).
13 Sec. 7. (a) Except as provided in subsection (c), it is unlawful for
14 an employer to recruit, hire, or employ an unauthorized alien in
15 Indiana.
16 (b) For purposes of this chapter, "reasonable diligence to
17 confirm the work eligibility of an individual" includes:
18 (1) utilizing an electronic verification of a work authorization
19 program operated by the United States Department of
20 Homeland Security to verify the work eligibility of an
21 employee, except in a situation in which if a verification is
22 made, the verification would put a reasonable person on
23 notice that the verification was unreliable; or
24 (2) engaging in diligence prescribed by the attorney general
25 through guidance consistent with industry related best
26 practices for confirming work eligibility.
27 (c) An employer is not in violation of subsection (a) if the
28 employer engaged in reasonable diligence to confirm the work
29 eligibility of an individual before recruiting, hiring, or employing
30 the individual.
31 Sec. 8. If the attorney general has reasonable cause to believe
32 that a person may:
33 (1) be in possession, custody, or control of documentary
34 evidence; or
35 (2) have knowledge of a fact;
36 that is relevant to a violation of section 7 of this chapter, the
37 attorney general may issue an investigative demand as set forth in
38 IC 4-6-3.
39 Sec. 9. (a) If the attorney general determines that probable
40 cause exists that an employer has violated section 7 of this chapter
41 at any point in the preceding three (3) year period or has violated
42 the terms of its probationary status under section 10(c) of this
2025 IN 1531—LS 7716/DI 107 7
1 chapter, the attorney general is, except as provided in subsection
2 (b), authorized to bring an action against the employer to enjoin
3 the violation and for other relief authorized by section 10 of this
4 chapter.
5 (b) In the case of an employer that has never previously been
6 found under section 10 of this chapter to have committed a
7 violation of section 7 of this chapter and has never previously
8 submitted an affidavit under subsection (c), the attorney general
9 shall provide the employer notice of the attorney general's
10 probable cause determination before the attorney general initiates
11 an action under subsection (a). If, within fifteen (15) business days
12 of receiving the attorney general's notice, the employer provides
13 evidence to the attorney general that the attorney general
14 determines proves that the employer has engaged in reasonable
15 diligence to confirm the work eligibility of the employer's
16 employees and that the employees are eligible to work, or submits
17 to the attorney general an affidavit under subsection (c), the
18 attorney general may not initiate an action under subsection (a).
19 (c) An employer described in subsection (b) that receives notice
20 of the attorney general's probable cause determination under
21 subsection (b) may, within (15) business days of receiving the
22 notice, submit to the attorney general an affidavit signed by an
23 authorized representative attesting that the employer has
24 terminated the employment of any and all illegal aliens, engaged in
25 reasonable diligence to confirm the work eligibility of all of its
26 employees, and will not knowingly employ any unauthorized aliens
27 in the future.
28 Sec. 10. (a) If a court determines by a preponderance of the
29 evidence that an employer has violated section 7 of this chapter, the
30 court shall enjoin the violation and shall order the relief provided
31 in subsection (b) or (c), or both, as the court determines
32 appropriate.
33 (b) A court may order the following for violations of this
34 chapter:
35 (1) In the case of a single violation of section 7 of this chapter
36 committed by an employer that has never previously violated
37 section 7 of this chapter, the suspension of all of the
38 employer's operating authorizations at the location where the
39 violation occurred for a period of five (5) business days.
40 (2) In the case of multiple violations of section 7 of this
41 chapter committed by an employer that has never previously
42 violated section 7 of this chapter, the suspension of all of the
2025 IN 1531—LS 7716/DI 107 8
1 employer's operating authorizations at the location where the
2 violation occurred for a period of ten (10) business days.
3 (3) In the case of a violation or violations of section 7 of this
4 chapter committed by an employer that was previously
5 determined to have committed a violation of section 7 of this
6 chapter, the suspension of all of the employer's operating
7 authorizations at the location where the violation occurred for
8 a period of six (6) months.
9 (4) In the case of a violation or violations of section 7 of this
10 chapter committed by an employer subsequent to a violation
11 committed by the employer described in subdivision (3), the
12 permanent revocation of all of the employer's operating
13 authorizations at the location where the violation occurred.
14 (5) In the case of a violation or violations of section 7 of this
15 chapter committed willfully by an employer subsequent to a
16 violation committed by the employer described in subdivision
17 (4) and where the employer's previous or current violations
18 have occurred at three (3) or more locations at which the
19 employer engages in commerce, the permanent revocation of
20 all of the employer's operating authorizations.
21 (c) In the case of an employer that has committed a violation of
22 section 7 of this chapter, the court may place the employer on
23 probationary status for a period of between six (6) months to two
24 (2) years. During the period of the employer's probationary status,
25 the employer shall file with the attorney general quarterly reports
26 identifying each instance in the preceding quarter in which the
27 employer hired a new employee at any Indiana location, detailing
28 the reasonable diligence in which the employer engaged to confirm
29 the employee's work eligibility and containing copies of the
30 documentation on which the employer relied to confirm the
31 employee's work eligibility. Each quarterly report shall be
32 accompanied by an affidavit signed by an authorized
33 representative attesting to the report's accuracy and completeness.
34 (d) If a court determines by a preponderance of the evidence
35 that an employer has violated the terms of its probationary status
36 under subsection (c), the court shall order the applicable relief
37 provided in subsection (b).
38 (e) In ordering the relief provided in subsection (b) in the case
39 of an employer that does not hold a license specific to the location
40 where the violation or violations occurred, but where one (1) or
41 more operating authorizations are necessary for the employer to
42 engage in commerce at another location, the court may order the
2025 IN 1531—LS 7716/DI 107 9
1 applicable suspension of the operating authorizations at the other
2 location.
3 Sec. 11. (a) An employer may not discharge an employee or in
4 any way discriminate against any employee because the employee
5 communicated or cooperated with the attorney general concerning
6 the employer's or another employer's violation of section 7 of this
7 chapter.
8 (b) Any employee who believes that the employee has been
9 discharged or otherwise discriminated against by any person in
10 violation of this section may, within thirty (30) calendar days after
11 the violation occurs, file a complaint with the commissioner of
12 labor alleging the discrimination. The complaint shall be received
13 and acted upon as provided in IC 22-8-1.1-38.1.
14 Sec. 12. The suspension or revocation of a license under this
15 chapter does not relieve an employer from an obligation to
16 withhold, collect, or pay income tax on wages paid by the employer
17 to an employee.
18 Sec. 13. This chapter shall be enforced without regard to race or
19 national origin.
20 SECTION 12. IC 34-30-2.1-32.5 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2025]: Sec. 32.5. IC 5-2-18.2-9 (Concerning
23 federal law immigration detention orders).
24 SECTION 13. IC 35-52-6-23.5 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 23.5. IC 6-3-7-6 defines a crime
27 concerning parole sponsorship.
28 SECTION 14. An emergency is declared for this act.
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