Starting July 1, every law enforcement agency in Indiana must honor all ICE detainer requests. Governor Mike Braun ceremonially signed the FAIRNESS Act (Senate Enrolled Act 76) on June 2, finalizing a law originally signed March 5.
The law bans sanctuary policies statewide. No city, county, or local government can adopt policies limiting cooperation with federal immigration enforcement. Cities like Indianapolis and East Chicago that had informal limits on ICE cooperation must now comply or face state penalties.
What the Law Does
The FAIRNESS Act has four parts. Local agencies must honor every ICE detainer request, meaning a person can be held in county jail beyond their release date while waiting for ICE pickup. Employers who knowingly hire unauthorized workers face expanded state investigations.
The Attorney General gains new enforcement powers to investigate businesses suspected of hiring violations. No local government can opt out.
Detainers are requests, not warrants. Federal courts in multiple circuits have ruled that honoring ICE detainers without a judicial warrant violates the Fourth Amendment. Indiana’s law makes compliance mandatory regardless of those rulings.
Who Is Affected
Indiana has an estimated 100,000 undocumented residents. The state’s agriculture, construction, and food processing industries rely heavily on immigrant labor. The law applies to anyone encountered by local law enforcement for any reason, including traffic stops, noise complaints, or being a witness to a crime.
The employer enforcement provision creates a new dynamic. Workers who report wage theft or unsafe conditions now risk triggering an investigation that could expose their employer and themselves simultaneously. Labor advocates warn this will suppress workplace safety reporting.
What You Can Do
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Know your rights. You do not have to answer questions about immigration status during a traffic stop or police encounter. You have the right to remain silent. You have the right to an attorney. Contact the Indiana Immigrant Rights Coalition for know-your-rights materials.
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Contact your state legislators. The law passed 33-16 in the Senate. Ask your senator whether they support judicial warrant requirements for detainers to prevent Fourth Amendment violations. Find your legislator at iga.in.gov.
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Report civil rights violations after July 1 to the ACLU of Indiana at (317) 635-4059. Document encounters where local police ask about immigration status during unrelated stops.