Fabio
157 lines
19 KiB
Markdown
157 lines
19 KiB
Markdown
---
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type: "Bill"
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title: "Immigration matters."
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description: "Provides that if a law enforcement officer, governmental body, or postsecondary educational institution is made a party to a civil suit and the attorney general determines that the suit has arisen out of certain immigration matters, the attorney general may defend the law enforcement officer, the governmental body, or the postsecondary educational institution if representation is requested and the actions subject to the suit do not violate federal or state law. Provides that the prohibition on governmental bodies or postsecondary educational institutions limiting or restricting the enforcement of federal immigration law applies regardless of whether the enforcement related activity is carried out by a federal, state, or local law enforcement agency. Removes the mens rea standard in the statute concerning governmental bodies or postsecondary institutions violating the citizenship and immigration status information and enforcement of federal laws chapter. Provides that if the attorney general determines that probable cause exists that a governmental entity has not complied with certain requests, the attorney general may bring a court action to: (1) enjoin an act or practice constituting a violation; (2) impose a civil penalty for noncompliance; and (3) and obtain other such relief as is necessary. Provides that before bringing an action against a county jail for certain violations, the attorney general shall consult with the department of correction concerning the most recent inspection report and provide the county jail with notice of the attorney general's probable cause determination. 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 as long as the action does not violate federal or civil law. 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. Provides that the department of correction shall, in consultation with the attorney general, identify options for training concerning minimum standards for county jails. Provides that compliance with certain standards and the results of an inspection do not preclude and are not a defense to the attorney general bringing an action under IC 5-2-18.2. Provides that the department shall submit to the state budget committee status update reports. Requires the office of the secretary to submit a report to the legislative council concerning certain immigration matters. Provides that each hospital shall, not more than one hundred twenty (120) days after the end of each calendar quarter, file with the state department beginning January 1, 2027, in cases where Medicaid is the patient's payor, the form of identification, if any, used by the patient when the patient was admitted. Specifies that it is unlawful for an employer to knowingly or intentionally recruit, hire, or continue to employ an unauthorized alien in Indiana. Allows the attorney general to bring an enforcement action against an employer if the attorney general determines that probable cause exists that the employer has violated certain recruitment and hiring restrictions concerning an unauthorized alien. Prohibits an employer from discharging or discriminating against an employee because the employee communicated or cooperated with the attorney general.Provides that indecent nuisance means a place in which human trafficking is conducted and is not limited to a public place. Provides that a governmental entity that employs a prosecuting official is entitled to investigative costs, court costs, and reasonable attorney's fees incurred in an indecent nuisance action if the existence of an indecent nuisance is admitted or established in the action. Makes technical changes."
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jurisdiction: "us/states/in"
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legislature: "Indiana General Assembly"
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session: "2026"
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identifier: "SB 76"
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citation: "Indiana SB 76 (2026)"
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classification: ["bill"]
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subjects: ["AGENCIES; Department of Corrections (DOC)", "AGENCIES; Department of Labor (DOL)", "AGENCIES; Family and Social Services Administration (FSSA)", "AGENCIES; Indiana State Police (ISP)", "CIVIL LAW AND PROCEDURE; Generally", "CORRECTIONS; Adult Inmates and Facilities", "COUNTIES; Miami", "COURTS; Judges", "CRIMINAL LAW AND PROCEDURE; Generally", "FEDERAL GOVERNMENT; Citizenship and Immigration", "FEDERAL GOVERNMENT; Generally", "GENERAL ASSEMBLY; Budget and Appropriations", "GENERAL ASSEMBLY; Legislative Council", "HEALTH; Medicaid", "HIGHER EDUCATION; Colleges and Universities (Including Ivy Tech)", "LABOR AND EMPLOYMENT; Generally", "LAW ENFORCEMENT; County Sheriffs' Departments", "LAW ENFORCEMENT; Generally", "LOCAL ELECTED OFFICIALS; Sheriffs", "SOCIAL SERVICES; Food stamps and Supplemental Nutrition Assistance Program (SNAP)", "SOCIAL SERVICES; Temporary Assistance to Needy Families (TANF)", "STATE ELECTED OFFICIALS; Attorney General"]
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status: "enacted"
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primary_sponsors: ["Chris Garten", "J.D. Prescott", "Liz Brown", "Tyler Johnson"]
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version_count: 6
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action_count: 61
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vote_count: 21
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first_action: "2025-12-08"
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last_action: "2026-03-05"
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source: "openstates"
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source_identifier: "ocd-bill/9472451d-1605-4e12-a68e-33ec87076b86"
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source_url: "https://api.iga.in.gov/2026/bills/sb0076"
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source_hash: "c6ee44a641fc629ddb68f6fd5c2264db2ce6c0cdaa03ba61aaa2dc828e2316c8"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-in"]
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---
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# Indiana SB 76 (2026) — Immigration matters.
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Provides that if a law enforcement officer, governmental body, or postsecondary educational institution is made a party to a civil suit and the attorney general determines that the suit has arisen out of certain immigration matters, the attorney general may defend the law enforcement officer, the governmental body, or the postsecondary educational institution if representation is requested and the actions subject to the suit do not violate federal or state law. Provides that the prohibition on governmental bodies or postsecondary educational institutions limiting or restricting the enforcement of federal immigration law applies regardless of whether the enforcement related activity is carried out by a federal, state, or local law enforcement agency. Removes the mens rea standard in the statute concerning governmental bodies or postsecondary institutions violating the citizenship and immigration status information and enforcement of federal laws chapter. Provides that if the attorney general determines that probable cause exists that a governmental entity has not complied with certain requests, the attorney general may bring a court action to: (1) enjoin an act or practice constituting a violation; (2) impose a civil penalty for noncompliance; and (3) and obtain other such relief as is necessary. Provides that before bringing an action against a county jail for certain violations, the attorney general shall consult with the department of correction concerning the most recent inspection report and provide the county jail with notice of the attorney general's probable cause determination. 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 as long as the action does not violate federal or civil law. 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. Provides that the department of correction shall, in consultation with the attorney general, identify options for training concerning minimum standards for county jails. Provides that compliance with certain standards and the results of an inspection do not preclude and are not a defense to the attorney general bringing an action under IC 5-2-18.2. Provides that the department shall submit to the state budget committee status update reports. Requires the office of the secretary to submit a report to the legislative council concerning certain immigration matters. Provides that each hospital shall, not more than one hundred twenty (120) days after the end of each calendar quarter, file with the state department beginning January 1, 2027, in cases where Medicaid is the patient's payor, the form of identification, if any, used by the patient when the patient was admitted. Specifies that it is unlawful for an employer to knowingly or intentionally recruit, hire, or continue to employ an unauthorized alien in Indiana. Allows the attorney general to bring an enforcement action against an employer if the attorney general determines that probable cause exists that the employer has violated certain recruitment and hiring restrictions concerning an unauthorized alien. Prohibits an employer from discharging or discriminating against an employee because the employee communicated or cooperated with the attorney general.Provides that indecent nuisance means a place in which human trafficking is conducted and is not limited to a public place. Provides that a governmental entity that employs a prosecuting official is entitled to investigative costs, court costs, and reasonable attorney's fees incurred in an indecent nuisance action if the existence of an indecent nuisance is admitted or established in the action. Makes technical changes.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Engrossed Senate Bill (H)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2026/senate/bills/SB0076/SB0076.05.ENGS.pdf)
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2. **Engrossed Senate Bill (S)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2026/senate/bills/SB0076/SB0076.07.ENGH.pdf)
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3. **Enrolled Senate Bill (S)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2026/senate/bills/SB0076/SB0076.08.ENRH.pdf)
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4. **Introduced Senate Bill (S)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2026/senate/bills/SB0076/SB0076.01.INTR.pdf)
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5. **Senate Bill (H)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2026/senate/bills/SB0076/SB0076.06.COMH.pdf)
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6. **Senate Bill (S)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2026/senate/bills/SB0076/SB0076.03.COMS.pdf)
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## Votes
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- SB 76 - Prescott - 2nd Reading — **34–61** (fail) · lower
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- SB 76 - Brown L — **37–11** (pass) · upper
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- SB 76 - Prescott - 2nd Reading — **31–63** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **30–65** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **31–62** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **30–62** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **34–61** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **31–63** (fail) · lower
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- SB 76 - Brown L - 3rd Reading — **37–7** (pass) · upper
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- SB 76 - Prescott — **63–31** (pass) · lower
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- SB 76 - Prescott - 3rd Reading — **61–28** (pass) · lower
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- Committee — **29–67** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **30–64** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **30–64** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **33–63** (fail) · lower
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- SB 76 - Brown L - 2nd Reading — **10–35** (fail) · upper
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- SB 76 - Prescott - 2nd Reading — **33–61** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **32–63** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **32–61** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **32–62** (fail) · lower
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- SB 76 - Prescott - 2nd Reading — **31–58** (fail) · lower
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## Sponsors
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- Chris Garten — primary (person)
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- J.D. Prescott — primary (person)
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- Liz Brown — primary (person)
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- Tyler Johnson — primary (person)
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- Chris Jeter — cosponsor (person)
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- Ed Charbonneau — coauthor (person)
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- Eric Koch — coauthor (person)
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- Garrett Bascom — cosponsor (person)
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- Gary Byrne — coauthor (person)
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- Jeff Raatz — coauthor (person)
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- Michael Young — coauthor (person)
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- Michelle Davis — cosponsor (person)
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- Mike Bohacek — coauthor (person)
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- Scott Alexander — coauthor (person)
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- Stacey Donato — coauthor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2025-12-08** First reading: referred to Committee on Judiciary `reading-1, referral-committee`
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- **2025-12-08** Authored by Senator Brown L
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- **2025-12-09** Senator Alexander added as coauthor
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- **2025-12-10** Senator Johnson T added as third author
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- **2025-12-10** Committee report: amend do pass, adopted `committee-passage`
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- **2025-12-10** Senator Garten added as second author
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- **2025-12-11** Senator Donato added as coauthor
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- **2025-12-11** Senators Bohacek, Charbonneau added as coauthors
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- **2026-01-06** Senator Raatz added as coauthor
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- **2026-01-22** Amendment #3 (Ford J.D.) failed; Roll Call 42: yeas 10, nays 35 `amendment-failure, failure`
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- **2026-01-22** Amendment #4 (Brown L) prevailed; voice vote `amendment-passage`
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- **2026-01-22** Second reading: amended, ordered engrossed `reading-2`
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- **2026-01-26** Third reading: passed; Roll Call 69: yeas 37, nays 7 `passage, reading-3, reading-3`
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- **2026-01-26** Senator Young M added as coauthor
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- **2026-01-26** Cosponsor: Representative Jeter
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- **2026-01-26** House sponsor: Representative Prescott
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- **2026-01-26** Senator Koch added as coauthor
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- **2026-01-27** Representative Bascom added as cosponsor
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- **2026-01-27** Referred to the House `referral`
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- **2026-01-28** First reading: referred to Committee on Judiciary `reading-1, referral-committee`
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- **2026-02-03** Committee report: amend do pass, adopted `committee-passage`
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- **2026-02-10** Recommitted to Committee on Veterans Affairs and Public Safety pursuant to House Rule 126.4; Failed, Roll Call 214: yeas 29, nays 67
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- **2026-02-10** Amendment #22 (DeLaney) failed; Roll Call 224: yeas 33, nays 63 `amendment-failure, failure`
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- **2026-02-10** Amendment #17 (Gore) failed; Roll Call 215: yeas 34, nays 61 `amendment-failure, failure`
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- **2026-02-10** Amendment #33 (DeLaney) failed; Roll Call 227: yeas 33, nays 61 `amendment-failure, failure`
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- **2026-02-10** Amendment #10 (DeLaney) failed; Roll Call 225: yeas 32, nays 63 `amendment-failure, failure`
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- **2026-02-10** Amendment #24 (DeLaney) failed; Roll Call 229: yeas 30, nays 64 `amendment-failure, failure`
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- **2026-02-10** Amendment #16 (DeLaney) failed; Roll Call 226: yeas 30, nays 64 `amendment-failure, failure`
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- **2026-02-10** Amendment #21 (DeLaney) failed; Roll Call 228: yeas 32, nays 62 `amendment-failure, failure`
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- **2026-02-10** Representative Davis added as cosponsor
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- **2026-02-10** Recommitted to Committee on Veterans Affairs and Public Safety pursuant to House Rule 126.4 failed; `failure`
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- **2026-02-10** Amendment #1 (Meltzer) prevailed; voice vote `amendment-passage`
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- **2026-02-10** Amendment #30 (Porter) prevailed; voice vote `amendment-passage`
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- **2026-02-10** Amendment #19 (Jackson C) prevailed; voice vote `amendment-passage`
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- **2026-02-10** Amendment #13 (Johnson B) failed; Roll Call 219: yeas 31, nays 63 `amendment-failure, failure`
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- **2026-02-10** Appeal the ruling of the chair (Johnson); ruling of the chair sustained Roll Call 218: yeas 63, nays 31
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- **2026-02-10** Amendment #8 (Garcia Wilburn) failed; Roll Call 221: yeas 34, nays 61 `amendment-failure, failure`
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- **2026-02-10** Amendment #39 (Prescott) prevailed; voice vote `amendment-passage`
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- **2026-02-10** Amendment #38 (Zimmerman) prevailed; voice vote `amendment-passage`
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- **2026-02-10** Amendment #2 (Bauer) failed; Roll Call 213: yeas 30, nays 65 `amendment-failure, failure`
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- **2026-02-10** Amendment #35 (Garcia Wilburn) prevailed; voice vote `amendment-passage`
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- **2026-02-10** Amendment #9 (Bauer) failed; Roll Call 216: yeas 30, nays 62 `amendment-failure, failure`
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- **2026-02-10** Amendment #37 (Jackson C) failed; Roll Call 217: yeas 31, nays 63 `amendment-failure, failure`
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- **2026-02-10** Amendment #6 (Bauer) ruled out of order
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- **2026-02-10** Amendment #32 (Johnson B) failed; Roll Call 220: yeas 31, nays 62 `amendment-failure, failure`
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- **2026-02-10** Amendment #25 (Harris) failed; Division of the House: yeas 41, nays 55 `amendment-failure, failure`
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- **2026-02-10** Amendment #26 (Burton) failed; voice vote `amendment-failure, failure`
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- **2026-02-10** Amendment #14 (DeLaney) failed; Roll Call 222: yeas 32, nays 61 `amendment-failure, failure`
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- **2026-02-10** Amendment #5 (DeLaney) failed; Roll Call 223: yeas 31, nays 58 `amendment-failure, failure`
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- **2026-02-10** Second reading: amended, ordered engrossed `reading-2`
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- **2026-02-10** Recommitted to Committee on Veterans Affairs and Public Safety pursuant to House Rule 126.4; Failed;
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- **2026-02-12** Third reading: passed; Roll Call 240: yeas 61, nays 28 `passage, reading-3, reading-3`
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- **2026-02-13** Returned to the Senate with amendments `receipt`
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- **2026-02-16** Motion to concur filed `filing`
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- **2026-02-17** Senator Byrne added as coauthor
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- **2026-02-25** Senate concurred with House amendments; Roll Call 271: yeas 37, nays 11
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- **2026-02-27** Signed by the President of the Senate `passage`
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- **2026-02-27** Signed by the Speaker `passage`
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- **2026-03-05** Signed by the Governor `executive-signature`
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- **2026-03-05** Public Law 106 `became-law`
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- **2026-02-27** Signed by the President Pro Tempore `passage`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/9472451d-1605-4e12-a68e-33ec87076b86`. Confidence: reported (aggregated from official Indiana legislature records).
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