INDIANA – Indiana Governor Mike Braun has signed House Bill 1393 into law, mandating that law enforcement officers notify U.S. Immigration and Customs Enforcement (ICE) if they have probable cause to believe a suspect arrested for a felony or misdemeanor is in the country illegally.
Authored by State Representative Garrett Bascom (R-District 68), the new law will require jails and detention facilities statewide to inform federal authorities, specifically ICE or other relevant federal agencies, about potential immigration violations discovered during the intake process following an arrest. The bill stipulates that the facility must contact the county sheriff to relay this information after an arrest.
According to the bill’s fiscal impact statement, it “requires law enforcement officers to make certain notifications regarding an arrested individual during the intake process of a jail or detention facility” and “also requires sheriffs to notify immigration officials of information reported to them by arresting agencies.” Governor Braun signed the bill into law on April 30th.
Some lawmakers criticized the legislation, expressing concerns about potential erosion of due process, particularly before a conviction. State Senator Fady Qaddoura (D-District 30) previously preferred notification occurring at the point of conviction rather than arrest.
Conversely, proponents argue the law provides law enforcement with an additional tool to identify individuals residing in the U.S. without legal documentation, but only after they have been arrested for a separate felony or misdemeanor. State Senator Aaron Freeman (R-District 32), a bill sponsor, emphasized that it would only apply to individuals unable to provide proof of legal residency.
The bill underwent amendments, and a change was approved on March 20th. This change clarified that sheriffs or jails must contact ICE only after an arrest for a felony or misdemeanor. State Sen. Freeman explained that the amendment aimed to prevent law enforcement from detaining individuals based on suspicion of their immigration status during routine stops.
Following a 37-10 passage in the Indiana Senate on March 24th and subsequent approval of amendments by the Indiana House on April 16th, the bill reached Governor Braun’s desk for final approval. The new law is set to take effect on July 1st.
