- United States
- Ind.
- Letter
Oppose Senate Bill 76's Unconstitutional Immigration Enforcement Mandates
To: Rep. Hall, Gov. Braun, Sen. Yoder
From: A constituent in Bloomington, IN
February 11
I am writing to urge you to vote No on Senate Bill 76, a sweeping immigration enforcement bill that would unconstitutionally expand state and local involvement in federal immigration enforcement across Indiana.
This bill converts ICE detainers into mandatory holds, which is constitutionally problematic. Federal courts have repeatedly ruled that ICE detainers are requests, not warrants, and that holding individuals based solely on these detainers violates the Fourth Amendment. Under SB 76, Indiana residents could be detained for extended periods even after presenting U.S. passports or birth certificates proving their citizenship. This creates significant liability for local governments and violates constitutional protections against unlawful detention.
The bill also prohibits public institutions, including colleges, from limiting immigration enforcement activity on their premises, with $10,000 fines per violation. This provision infringes on institutional autonomy and forces state entities to participate in federal enforcement, blurring the lines of federalism. Compounding this overreach, SB 76 requires taxpayer-funded legal defense for agencies and personnel sued over immigration enforcement actions, even when those actions are legally questionable. Indiana taxpayers should not be forced to subsidize the defense of unconstitutional practices.
The workplace enforcement provisions mandate extreme measures that pressure employers to use E-Verify, an error-prone system that increases discriminatory hiring practices and denies eligible workers job opportunities. Threatening operating licenses creates a climate of fear that harms both immigrant and citizen workers while exposing businesses to legal risk.
SB 76 pulls Indiana deeper into federal immigration enforcement in ways that violate constitutional principles, create massive legal liability, and waste taxpayer resources. I urge you to oppose this legislation and protect the constitutional rights of all Indiana residents.