Senate Republicans want Indiana communities and police officers compelled to support federal immigration enforcement efforts, despite aggressive tactics recently employed in Minnesota that even Republican President Donald Trump has been reluctant to defend.
Hoosier senators voted 37-7 along party lines Monday to advance legislation requiring all local units of government and higher educational institutions to in no way impede immigration enforcement measures, whether carried out by a federal, state or local agency.
Senate Bill 76 authorizes Republican Attorney General Todd Rokita to seek a court order enjoining any noncooperation and permits Republican Gov. Mike Braun to withhold all state funding to the local unit for up to one year if a court sustains Rokita's allegations.
The proposal also mandates unquestioned jail and court compliance with all requests to detain a suspected illegal immigrant. However, it allows Indiana businesses to continue employing illegal immigrants without penalty until July 1, after which a company will have numerous opportunities to terminate the unlawful employee before its business licenses are suspended, initially for five days.
The sponsor of the legislation, state Sen. Liz Brown, R-Fort Wayne, said her goal is to prevent "rogue units of government or higher ed to impede the enforcement of these laws — and if you do, there will be consequences."
"The Biden administration deliberately created a humanitarian crisis in this country. Because of this, the Trump administration, in the course of enforcing our laws, has at times asked for state and local cooperation across many sectors," Brown said. "This state has always been on the side of law enforcement."
But state Sen. Andrea Hunley, D-Indianapolis, said what the U.S. Border Patrol and Immigration and Customs Enforcement (ICE) agents have been doing in Minnesota, including the fatal shooting of two U.S. citizens, is an insult to Indiana's well-trained law enforcement officers.
"Hate and fear and inhumanity is sweeping across our country on the heels of politically motivated occupations of United States cities by the very agency that this legislation demands we align ourselves with," Hunley said.
"We've seen time and time again that the current armed militia that's acting on behalf of the United States government is poorly trained. They're poorly trained. And they don't have regard for our Constitution, including the right of U.S. citizens to bear arms."
In response, state Sen. Mike Gaskill, R-Pendleton, said Hunley's description is a "complete mischaracterization" of what's going on with federal immigration enforcement.
"Think of how much easier things would be in Minnesota if political leaders of that state were not inciting an army of citizens who think it's OK to attack law enforcement," Gaskill said. "Senator Brown's bill is outstanding, and it's a way that we can keep this kind of chaos from happening in Indiana."
On the other hand, Senate Democratic Leader Shelli Yoder, D-Bloomington, warned that Brown's proposal overlooks the practical effect of forcing Indiana counties to house detained immigrants in their already crowded jails for as long as federal authorities decide to keep them there.
"We expand enforcement and we shift that cost downward. We claim victory and local communities are left to absorb the fallout. That is not the leadership that Hoosiers want to see," Yoder said.
"Sheriffs have told us plainly that they are running out of space, that resources and staff are low. Yet this bill demands more holds, more time in custody and more administrative burden."
The measure next goes to the Republican-controlled House for possible revisions and ultimately a decision on advancing it to the governor to be signed into law.
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