Indiana S.B. 76 passes House Judiciary Committee Tuesday after five hours of public testimony

INDIANAPOLIS, Ind. -- Lawmakers in Indiana are considering a bill that would tighten up rules for complying with ICE.

Despite nearly five hours of testimony from the public, Senate Bill 76 passed through the House Judiciary Committee Tuesday afternoon with an amendment that would make it even tougher.

State Senator Liz Brown of Fort Wayne, a lead author of the bill, says despite public perception of ICE across the country right now, S.B. 76 is more about stiffening state laws that are already in place.

"This bill is just codifying, frankly, into Indiana Code what our current immigration laws are with respect to; it just adds a layer of cooperation," explains State Sen. Liz Brown (R).

Senator Brown says the bill stems from a concern brought to the state by local sheriffs in regard to complying with federal ICE agents.

"Their jails are where those who are being held on detainer warrant requests, the other ones the sheriffs are responsible," Sen. Brown says. "They didn't have the training, so they wanted to make sure they were following the rules, happy to assist with federal law enforcement in this area."

If signed into law, S.B. 76 would allow the Attorney General to legally defend groups facing a civil suit stemming from an immigration related matter, including law enforcement officers, a governmental body, or postsecondary educational institution.

It would allow Governor Mike Braun to withhold grants or state funding to a governmental body if it is found to have violated certain requirements concerning an immigration detainer.

The Department of Correction would be required to adopt standards for county jails to ensure proper cooperation between jails and ICE.

When it comes to employers, the bill specifies that it would be unlawful for an employer to knowingly recruit, hire, or employ an unauthorized alien; with the A.G. able to enforce action against the employer.

The employer would also be prohibited from discharging or discriminating against an employee that has cooperated with the A.G.

"You're not supposed to hire someone who's here illegally; that's actually a DHS at the federal level of responsibility; now locals can assist with that," says Sen. Brown.

Several dozen members of the public spoke out during Tuesday's hearing, concerned the bill will escalate ICE operations and impose unjust penalties for noncompliance in the Hoosier state.

However, Senator Brown argues it's tightening up existing compliance.

"At the end of the day, we're not creating new penalties and crimes generally; this is enforcing immigration laws that are on the books," explains Sen. Brown.

State Rep. Maureen Bauer (D), who is on the House Judiciary Committee and offered an amendment to SB 76 said this to ABC57:

"Today in the House Judiciary Committee, I offered an amendment to limit the data collection section of Senate Bill 76, which would require immigration status to be recorded for individuals receiving essential services like childcare assistance, residential care assistance, SNAP nutrition assistance, Medicaid, and TANF.

"It is well understood that undocumented immigrants are not eligible for SNAP or Medicaid, both of which already require the state to meet strict federal eligibility standards. By requiring the immigration status of every individual lawfully served, including refugees, asylum seekers, humanitarian parolees, visa holders and lawful permanent residents, SB 76 effectively creates a state-level status check tied to essential services.

"These programs are governed by federal law, not state immigration policy. Indiana should defer to federal eligibility standards rather than layering on additional state reporting requirements that risk confusion, unequal treatment and legal exposure for agencies administering critical safety-net services."

Attorney General Todd Rokita issued a statement on S.B. 76's advancement:

"This improved bill would deliver meaningful enforcement for Indiana’s anti-sanctuary law, hold violators accountable, ensure illegal aliens do not undercut Hoosier workers, and directly protect Hoosier communities from the serious burdens of illegal immigration."

S.B. 76 will now head to second reading.

Senator brown says she expects the bill to go to final passage as early as Thursday.