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Immigration enforcement bill one step closer to Governor's desk

Ben Thorp
/
WFYI
Protesters Leah Kramer and Meredith Deem hold signs at the Indiana Statehouse on Tuesday, February 10, 2026.

The Indiana House advanced a broad immigration enforcement bill Thursday afternoon that aligns with federal immigration policies.

Boos could be heard from protesters outside the chamber as lawmakers passed SB 76, referred to as the FAIRNESS Act, 60-28. No Democrats supported the bill.

Bill sponsor Rep. J.D. Prescott (R-Union City) thanked state officials including Attorney General Todd Rokita, bill author Sen. Liz Brown (R-Fort Wayne), law enforcement, and business leaders for their contributions to the legislation, ahead of the final vote.

“The FAIRNESS Act is a strong, comprehensive measure to ensure full cooperation with federal immigration enforcement and ensure we don't have sanctuary style policies in Indiana.”

The bill drew criticism from organizations that serve immigrants and community advocates.

Rep. Victoria Garcia Wilburn (D-Fishers) sits on the House Judiciary Committee that heard nearly five hours of testimony last week.

“We haven’t come to a consensus in any sort of way, although there has been good work and discussion and collaboration on this bill,” Garcia Wilburn said before the vote.

Just two days prior, representatives introduced dozens of amendments to the bill. Several were concerned about with penalties for employers hiring someone without legal status.

Rep. Tim Wesco (R-Osceola) said the state shouldn’t involve itself in federal employment policy. He said immigrant youth brought here not of their own volition, who have gone to school and want to contribute, should be able to enter the workforce.

“We’ve invested in these young people, and we need them in our states, and I want them,” Wesco said.

Despite criticizing parts of the bill, Wesco did ultimately vote in favor of its passage.

“I am voting for this bill today because it’s Congress’ law and respects the constitution that empowered Congress to make our laws on behalf of ‘We the People,’” Wesco said.

Other proposed changes aimed to curb potential liabilities for law enforcement and a requirement that governmental bodies comply with federal immigration policies.

Rep. Ed DeLaney (D-Indianapolis) said he worries that broad language in the bill will force employees at public schools and hospitals to be deputies for Immigration and Customs Enforcement.

“This is not a cop only bill,” DeLaney said. “This bill deputizes every state institution into carrying out ICE enforcement.”

DeLaney and other lawmakers offered amendments that would have exempted schools, hospitals and churches from required involvement with immigration enforcement.

Most amendments failed but there was some consensus on a handful — including monthly reports on the Miami Correctional Facility — which is being used for immigration enforcement. There was also consensus that the state’s Attorney General should not determine the methods employers use to confirm workers’ legal status.

The bill returns to the Senate for approval.

Contact WFYI All Things Considered newscaster and reporter Samantha Horton at shorton@wfyi.org or on Signal at SamHorton.05.