Introduced Version
SENATE BILL No. 428
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-18.2; IC 34-30-2.1-32.5.
Synopsis: 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. 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.
Koch
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 428—LS 7542/DI 107 Digest Continued
be withheld from 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.
2025 IN 428—LS 7542/DI 1072025 IN 428—LS 7542/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.
SENATE BILL No. 428
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 428—LS 7542/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 a violation of section 9 of this chapter has occurred 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 the attorney general determines that a governmental body
21 has violated an immigration detainer request, the governor, upon
22 the advice of the attorney general, may withhold:
23 (1) any grants administered by the state; or
24 (2) state funding;
25 from the governmental body.
26 SECTION 4. IC 5-2-18.2-6, AS AMENDED BY P.L.76-2024,
27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 UPON PASSAGE]: Sec. 6. If a court finds by a preponderance of the
29 evidence that a governmental body or postsecondary educational
30 institution knowingly or intentionally violated this chapter, the court
31 shall enjoin the violation.
32 SECTION 5. IC 5-2-18.2-9 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2025]: Sec. 9. (a) Except as provided in subsection (b), a
35 governmental body that has custody of an individual who is the
36 subject an immigration detainer request shall:
37 (1) provide to the judge authorized to grant or deny the
38 individual's release on bail under IC 35-33-8-3.2 notice that
39 the individual is subject to an immigration detainer request;
40 (2) record in the individual's case file that the individual is
41 subject to an immigration detainer request;
42 (3) comply with all requests made in the immigration detainer
2025 IN 428—LS 7542/DI 107 3
1 request; and
2 (4) inform the individual that the individual is being held
3 pursuant to an immigration detainer request issued by a
4 federal authority.
5 (b) If an individual who is the subject of an immigration
6 detainer request presents a United States passport or a birth
7 certificate issued in the United States to the governmental body, the
8 governmental body shall contact the federal immigration agency
9 to determine whether the individual is a citizen of the United
10 States.
11 (c) A governmental body or an employee of a governmental
12 body is not criminally or civilly liable for any action taken in
13 compliance with an immigration detainer request under this
14 section.
15 SECTION 6. IC 5-2-18.2-10 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2025]: Sec. 10. (a) A judge who receives notice that an individual
18 is subject to an immigration detainer request under section 9 of
19 this chapter shall ensure that the notice of the immigration
20 detainer request is recorded in the court's record, regardless of
21 whether the notice was received before or after a judgment in a
22 case.
23 (b) A judge shall report to the United States Immigration and
24 Customs Enforcement Agency an individual who is not a citizen of
25 the United States who has been has been convicted in the judge's
26 court of a felony or misdemeanor.
27 SECTION 7. IC 34-30-2.1-32.5 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 32.5. IC 5-2-18.2-9 (Concerning
30 federal immigration detention orders).
31 SECTION 8. An emergency is declared for this act.
2025 IN 428—LS 7542/DI 107