Indiana’s 2025 “anti-sanctuary” law was strengthened Thursday when Republican Governor Mike Braun signed a bill that state Attorney General Todd Rokita says “makes it easier for local law enforcement to do the right thing: remove criminal illegal aliens from our communities.”
The new law ensures that U.S. Immigration and Customs Enforcement (ICE) will be able to take custody of illegal aliens when they are being held by state and local law enforcement.
It expands the prohibition of governmental bodies, educational institutions and law enforcement from limiting or restricting enforcement of federal immigration law. It also makes it easier to prosecute governmental bodies or postsecondary institutions violating the state’s laws regarding citizenship and immigration status information and enforcement of federal immigration laws.
Bolstering the provisions in 2025 anti-sanctuary law, the new statute:
- Bans "sanctuary" policies at the city, county, and university levels.
- Empowers the attorney general to bring a court action to enjoin an act or practice constituting a violation and impose civil penalties of $10,000 for noncompliance with the state’s immigration laws.
- Requires a governmental body that has custody of an illegal alien who is the subject of an immigration detainer request to notify a judge of the detainer request, when the judge is considering granting bail.
- Requires compliance with the immigration detainer request, enabling federal immigration officers to take custody of the illegal alien before he can be released into the community.
- Specifies that it is unlawful for an employer to knowingly or intentionally recruit, hire, or continue to employ an unauthorized alien.
- Allows the attorney general to bring an enforcement action against an employer if the employer violates illegal alien recruitment and hiring restrictions.
- Prohibits employers from discharging or discriminating against an employee because the employee communicated or cooperated with the attorney general.
The new law “makes clear that state and local governments may not adopt policies that restrict cooperation with federal immigration authorities, and it requires law enforcement to comply with federal immigration detainer requests,” Attorney General Rokita said in a statement:
“The FAIRNESS Act will give my office stronger enforcement authority by allowing us to bring actions against local politicians who violate Indiana’s anti-sanctuary law and to seek both injunctive relief and civil penalties for violations.
"In addition, the law authorizes our office to pursue penalties against employers who knowingly hire illegal aliens, and it enhances the State’s ability to track the use of public benefits, including Medicaid, by non-citizens.”
“Together, these reforms help advance our mission of combating illegal immigration in Indiana and protecting Hoosiers,” Rokita explained.
