Individuals accused of misdemeanor crimes in Indiana soon may be arrested and detained in jail, instead of just receiving a citation, if a police officer has probable cause to suspect the alleged offender is unlawfully present in the United States.
The Republican-controlled House approved legislation this week that aims to standardize how U.S. Immigration and Customs Enforcement (ICE) is notified when a Hoosier police officer encounters a suspected criminal who potentially lacks legal immigration status.
House Bill 1393 specifies that police officers should notify personnel at the county jail when a suspected illegal immigrant is being booked for another offense. The county sheriff then would be obligated to notify ICE.
However, to accomplish that goal, the measure mandates all accused misdemeanants that a police officer has probable cause to suspect for an immigration violation be jailed, similar to individuals accused of felonies, until ICE decides whether to investigate or detain the person.
"The ICE issue only follows the commission of a crime. I want to make that very clear. This does not authorize an officer to go up and start questioning anybody off the street. If an officer is just investigating, it does not apply at that point either. When it does apply is when the officer has made that determination that they're going to present those charges," said state Rep. Garrett Bascom, R-Lawrenceburg, the sponsor.
The legislation does not define what constitutes probable cause for an immigration violation. Bascom said an officer likely would use a lack of valid identification as a basis to establish probable cause.
He also said if ICE declined to detain an individual booked at the county jail that person would be treated like any other accused criminal and have a preliminary hearing and the opportunity to bond out of jail.
Critics of the measure, primarily Democrats, described it as an unfunded mandate, since county taxpayers will have to cover the costs of locking up more individuals accused of misdemeanors, instead of just continuing to cite and release them.
They also suggested the policy change may make residents of immigrant communities more reluctant to contact police since the perpetrator of a minor crime could end up being deported.
"I know immigration in this country and what we have is not perfect. I know that needs to be worked on at the national level. But I want to be sure we don't do something that causes more issues here in the state of Indiana," said state Rep. Earl Harris Jr., D-East Chicago.
Similarly, state Rep. Mike Andrade, D-Munster, said the proposal does nothing to reduce Hoosier health care costs, improve education, aid the disabled or reduce taxes.
"We have urgent matters to address. But we continue to bring culture war policies to our state instead of focusing on the Hoosiers that we represent and ensuring that they have the resources and tools to succeed, and to improve everyone's quality of life," Andrade said.
The measure ultimately was approved 67-26 by the Republican-controlled House. It next goes to the Senate.
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