SB 76 Indiana Senate · 2026 Regular Session

Immigration matters.

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Dec 2025
Committee Review
Feb 2026
Senate Passage
Feb 2026
House Passage
Feb 2026
Signed into Law
Mar 2026
Introduced Dec 8, 2025 Signed Mar 5, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

Senate Bill (S) Senate Bill (H) · 6 edits
MODERATE
This bill was updated from a Senate version to its House-approved engrossed version, incorporating amendments that expand the Attorney General's power to enforce immigration detainers and impose penalties on non-compliant entities. The changes also broaden the definition of indecent nuisance to explicitly include human trafficking and strengthen protections for employees who cooperate with immigration investigations.
Scope change
The bill's scope expanded to include new enforcement mechanisms against employers and governmental entities, and the definition of indecent nuisance was broadened to cover human trafficking locations.
ENFORCEMENT

Added authority for the Attorney General to sue governmental entities that fail to comply with immigration detainer requests and to impose civil penalties.

Strengthened employer restrictions by changing the standard from 'reckless or intentional' hiring of unauthorized aliens to 'knowingly or intentionally' recruiting, hiring, or employing them.

REQUIREMENT

Added a prohibition on employers discharging or discriminating against employees who communicate with the Attorney General about immigration compliance.

Required hospitals to submit specific patient identification forms to the state department for Medicaid cases.

DEFINITION

Expanded the definition of 'indecent nuisance' to specifically include places where human trafficking is conducted.

TIMELINE

Added January 1, 2027, as an additional effective date for certain provisions.

Floor votes · Senate Jan 26, 2026 · House Feb 12, 2026

How they voted

377
Passed · 4 other
Total votes 48
Jan 26, 2026
D Democratic9
7 Nay 2
77% Nay
R Republican39
37 Yea 2
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
61
Key actions
16
Committee
2
Amendments
26
Mar 5, 2026
Signed into law
Signed by the Governor
executive
Feb 27, 2026
Upper · Passed
Signed by the President Pro Tempore
upper
Feb 27, 2026
Lower · Passed
Signed by the Speaker
lower
Feb 27, 2026
Upper · Passed
Signed by the President of the Senate
upper
Feb 25, 2026
Upper · Passed
Senate concurred with House amendments; Roll Call 271: yeas 37, nays 11
upper
Feb 12, 2026
Lower · Passed
Third reading: passed; Roll Call 240: yeas 61, nays 28
lower
Feb 10, 2026
Amended
Amendment #5 (DeLaney) failed; Roll Call 223: yeas 31, nays 58
lower
Feb 10, 2026
Amended
Amendment #14 (DeLaney) failed; Roll Call 222: yeas 32, nays 61
lower
Feb 10, 2026
Amended
Amendment #26 (Burton) failed; voice vote
lower
Feb 10, 2026
Amended
Amendment #25 (Harris) failed; Division of the House: yeas 41, nays 55
lower
Feb 10, 2026
Amended
Amendment #32 (Johnson B) failed; Roll Call 220: yeas 31, nays 62
lower
Feb 10, 2026
Introduced
Amendment #6 (Bauer) ruled out of order
lower
Feb 10, 2026
Amended
Amendment #37 (Jackson C) failed; Roll Call 217: yeas 31, nays 63
lower
Feb 10, 2026
Amended
Amendment #9 (Bauer) failed; Roll Call 216: yeas 30, nays 62
lower
Feb 10, 2026
Lower · Passed
Amendment #35 (Garcia Wilburn) prevailed; voice vote
lower
Feb 10, 2026
Amended
Amendment #2 (Bauer) failed; Roll Call 213: yeas 30, nays 65
lower
Feb 10, 2026
Lower · Passed
Amendment #38 (Zimmerman) prevailed; voice vote
lower
Feb 10, 2026
Lower · Passed
Amendment #39 (Prescott) prevailed; voice vote
lower
Feb 10, 2026
Amended
Amendment #8 (Garcia Wilburn) failed; Roll Call 221: yeas 34, nays 61
lower
Feb 10, 2026
Amended
Amendment #13 (Johnson B) failed; Roll Call 219: yeas 31, nays 63
lower
Feb 10, 2026
Lower · Passed
Amendment #19 (Jackson C) prevailed; voice vote
lower
Feb 10, 2026
Lower · Passed
Amendment #30 (Porter) prevailed; voice vote
lower
Feb 10, 2026
Lower · Passed
Amendment #1 (Meltzer) prevailed; voice vote
lower
Feb 10, 2026
Amended
Amendment #21 (DeLaney) failed; Roll Call 228: yeas 32, nays 62
lower
Feb 10, 2026
Amended
Amendment #16 (DeLaney) failed; Roll Call 226: yeas 30, nays 64
lower
Feb 10, 2026
Amended
Amendment #24 (DeLaney) failed; Roll Call 229: yeas 30, nays 64
lower
Feb 10, 2026
Amended
Amendment #10 (DeLaney) failed; Roll Call 225: yeas 32, nays 63
lower
Feb 10, 2026
Amended
Amendment #33 (DeLaney) failed; Roll Call 227: yeas 33, nays 61
lower
Feb 10, 2026
Amended
Amendment #17 (Gore) failed; Roll Call 215: yeas 34, nays 61
lower
Feb 10, 2026
Amended
Amendment #22 (DeLaney) failed; Roll Call 224: yeas 33, nays 63
lower
Feb 3, 2026
Lower · Passed
Committee report: amend do pass, adopted
lower
Jan 26, 2026
Upper · Passed
Third reading: passed; Roll Call 69: yeas 37, nays 7
upper
Jan 22, 2026
Upper · Passed
Amendment #4 (Brown L) prevailed; voice vote
upper
Jan 22, 2026
Amended
Amendment #3 (Ford J.D.) failed; Roll Call 42: yeas 10, nays 35
upper
Dec 10, 2025
Upper · Passed
Committee report: amend do pass, adopted
upper
4 primary · 11 co-sponsors

Sponsors