Indiana law enforcement would take a more active role in immigration issues under a bill heard Thursday, Jan. 23. Photo from U.S. Immigration and Customs Enforcement.

By Leslie Bonilla Muñiz
Indiana Capital Chronicle

Indiana law enforcement may soon be required to give federal authorities notice when they arrest people suspected of being in the country illegally.

House Bill 1393 on Thursday, Jan. 23, drew opposition from those concerned it could ensnare non-white citizens and others with different forms of legal status, but support from those wishing to better enforce the nation’s immigration laws. Lawmakers criss-crossed party lines in an 8-2 committee vote.

That was after the House’s public safety committee softened the language and added more details in a substantial amendment, taken by consent.

In the revised legislation, if a law enforcement officer arrests someone on misdemeanor or felony charges, and has probable cause to believe the arrestee doesn’t have legal permission to be in the country, the officer or their agency must notify the county sheriff during intake. The sheriff must report the information to federal authorities, like U.S. Immigrations and Customs Enforcement.

Probable cause, the reasonable and fact-based belief that a crime has been committed, is a higher standard than before. The bill originally required only “reasonable suspicion” — and would’ve applied to people summoned for infractions.

Rep. Garrett Bascom, R-Lawrenceburg, sits in the House chamber on Nov. 19, 2024. His bill introduces arrest-related immigration status notification requirements. Photo by Indiana House Republicans.

“The determination is not made just based off of pulling a person off the street,” said author Rep. Garrett Bascom, R-Lawrenceburg. Instead, he said later, it’s “made primarily on the lack of the identification when the officer is checking that.”

“When you’re arresting a person for a felony or misdemeanor, the officer, in order to charge, that they’re going to need some identifying information, whether that be a license, the social security number, even a name, they can start to look you up,” Bascom said.

His amendment stripped out a requirement specifying that law enforcement hand over a person’s name, address and “any other relevant identifying information” — in favor of a simple notification.

The bill additionally offers law enforcement officers and agencies civil immunity if they reasonably believe the notification has been given.

“A lot of these agencies, they communicate these things via fax, believe it or not,” Bascom said. “They don’t know if federal authorities’ fax machine is down on the other end. So, if they have a good faith belief that they’ve attempted to make notification, they’re covered.”

Greg Serbon, a Hoosier active in several anti-“sanctuary city” lawsuits, said he “wholeheartedly” supported the legislation.

Others said the changes could lead to unintended consequences for Hoosiers who don’t have identification on their person at the time of an arrest.

“We can say all we want that it is not based on race, but we know that the majority of people in this country associate undocumented status with people who look like me and who are darker. This is going to give a green light for racial profiling,” said Carolina Castoreno, the director of operations and programming for Indiana Latino Expo.

She described having paid a ticket that was registered in the wrong court, resulting in an improperly suspended license. Then, she got pulled over.

“I was detained, and I was questioned about my status,”Castoreno said. “I speak perfect English. I am a citizen of this country. I did not happen to have my social security card on me at the time, and even though I had my driver’s license, that wasn’t enough for them.”

Dakota Faulkner, an associate pastor at St. Peter’s United Church of Christ, went further, calling the legislation “racist.”

Immigrants with legal status could also be affected, witnesses warned.

Matt McNally, who unsuccessfully ran for the Statehouse, said he and his wife are hosting an Afghan family with refugee status. The family only has passports and an I-94 form.

Chris Daley, executive director of the American Civil Liberties Union of Indiana, testifies in committee on Wednesday, Jan. 22, 2025. Photo from Leslie Bonilla Muñiz, Indiana Capital Chronicle.

McNally suggested lawmakers add a waiting period of 24, 36 or 48 hours for arrestees to produce documents, adding, “Do these people who fled the Taliban have to then worry about ICE raiding their home?”

Chris Daley, executive director of the American Civil Liberties Union of Indiana, said not all people with legal status have access to driver’s licenses. They may have forms of proof officers are unfamiliar with.

“This is going to be incredibly confusing for your line officers to be able to enforce, and because of that, they’re going to rely back on the issues that we’re all concerned about, with racial and linguistic profiling,” Daley said.

Author Bascom assured opponents that the bill “is not an automatic deportation” — just a notice to ICE.

Supportive committee members defended the legislation’s motivation, with Seymour Rep. Jim Lucas noting that 500 unaccompanied children have come through his community. He feared human trafficking was at play.

Two lawmakers crossed party lines in the 8-2 vote.

Rep. Chuck Moseley, D-Portage, said the amendment led him to vote in support. Rep. Becky Cash, R-Zionsville, apologized and said she was “struggling” with various provisions before voting against it.