Indiana agencies holding people would follow federal immigration hold requests

An agency holding someone named in an immigration hold request would notify a judge, record and follow the request, and tell the person why they are held. The request must come from an authorized immigration officer and name someone already in an agency's custody. If the person presents a U.S. passport or U.S. birth certificate, the agency must ask the immigration officer to check citizenship. Agencies and employees would be shielded from criminal and civil liability for actions that comply with the request. The proposed duties would start July 1, 2026. A judge would record the notice even if it arrived after a judgment.

Indiana employers would be barred from knowingly or intentionally recruiting, hiring, or employing people without work authorization. The rule would apply to employers recruiting or employing workers in Indiana. Reasonable checks of a person's work eligibility before recruiting, hiring, or employing them would protect an employer from a violation. An employer with no prior finding of a violation or earlier sworn statement must get notice before a lawsuit. It could avoid the lawsuit by showing reasonable checks and meeting the specified corrective steps within 15 business days. A court could suspend permits used to operate at a workplace after finding a violation. The proposed ban would not apply to recruitment, hiring, or employment that occurred before July 1, 2026.

Local governments would be barred from using public property, money, or staff time to help noncitizens move into Indiana. The restriction would cover local government facilities, equipment, funds, and employees working during paid hours. Activities meant to attract everyone, regardless of immigration status, would remain allowed. The state family and social services agency could give prior written approval for other activities if they meet the stated state plan and state interest tests. Approval could be revoked and would expire after two years unless extended. The proposed restriction would start July 1, 2026.

On request, a state office would report benefit counts and each person's immigration status to lawmakers or state officers. Hospitals would report what identification Medicaid patients used at admission. The benefit data covers noncitizens in the listed Indiana programs. The hospital rule covers patients whose care Medicaid pays for. The state office must leave out information that identifies a person's health details. Hospitals must report when a patient used no identification. The proposed reporting duties would start July 1, 2026.

Indiana's attorney general would defend covered people and organizations throughout a civil lawsuit. The duty would cover law enforcement officers, government bodies, and colleges named in those lawsuits. The attorney general must determine that the lawsuit stems from an action allowed or required by the state's immigration rules. The proposed defense duty would start July 1, 2026.