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Senate passes bill directing county jails to notify federal immigration authorities in some arrests, after heated debate
Summary
The Senate approved House Bill 13-93, requiring county sheriffs or detention facilities to notify federal immigration authorities when an arrestee cannot be identified and there is probable cause to believe they lack lawful presence; the measure drew extended floor debate over civil rights, enforcement burden and community trust.
The Senate on March 24 passed House Bill 13-93, a measure that requires county sheriffs or detention facilities to alert federal immigration authorities when a person arrested for a misdemeanor or felony cannot be identified and there is probable cause to believe the person is not lawfully present in the U.S.
Sponsor Sen. Freeman said the bill is narrowly drawn to apply "when and only when" someone is arrested for a misdemeanor or a felony and law enforcement cannot identify the person. "I think we should determine who those people are. And if you're not here legally, I think somebody needs to know that," Freeman said on the floor.
The bill provoked lengthy, bipartisan debate that centered on the definition and practical meaning of "probable cause" and on whether local officers should be involved in immigration enforcement. "I don't want our law enforcement officers out there pulling people over or to detain somebody just because somebody may not be here illegally," Sen. Johnson told the sponsor when the measure was discussed earlier in committee; Freeman amended the bill in committee to shift the initial inquiry away from street officers and to the jail context.
Critics, including Sen. Taylor and others, said the law risks chilling crime reporting and disproportionately affecting communities of color. Taylor warned the policy could lead to racial profiling and unnecessary arrests: "This bill ... is just making this situation a lot worse. We're doing this to make ourselves feel good, and it ain't gonna do nothing but lead to a whole bunch of people in the black and brown community to be scrutinized yet once again." Sen. Pohl and Sen. Baldwin raised procedural and evidentiary questions about what would constitute probable cause for immigration status.
Supporters pointed to existing practices and said the amendment reduced the burden on patrol officers. The Indiana Sheriff's Association was described in the transcript as neutral on the bill after floor amendments; local police statements urging that officers not be turned into immigration enforcers were read into the record by several senators.
The roll call on final passage showed 37 ayes and 10 noes. The bill passed the Senate and will be returned to the House for further action.
