House passes bill requiring jails to notify ICE when arrestees are suspected of unlawful presence

The Indiana House on final passage approved House Bill 13-93, a measure that requires law enforcement officers to take individuals charged with a misdemeanor or felony to jail—rather than issue a summons—if the officer has probable cause to believe the person is not lawfully present in the United States, and requires the jail to notify federal immigration authorities (ICE) as part of a standardized reporting process.

Supporters said the bill standardizes cooperation with federal immigration authorities and funnels reporting through county jails to create a uniform process for law enforcement. Representative Baskin, the bill's author, told the House the measure applies only after an arrest and requires identifying information (for example, name and date of birth) be collected so jails can report consistently. The sponsor said the change is intended to let ICE quicker determine whether to place a detainer while the person remains in local custody.

Opponents argued the bill could increase workload and costs for county jails and local law enforcement, risk chilling community cooperation with police, and produce unintended consequences such as arresting people who otherwise would receive a summons. Several members noted there is variability among counties today in how officers and jails communicate with ICE—by phone, fax, or automated system—and said the bill imposes a uniform requirement without additional funding or mandated training. Representative Garcia Wilson and other critics pressed that the fiscal note anticipates increased local jail expenditures and added officer workload but provides no appropriation.

Debate included repeated questions about what constitutes "probable cause" of not being lawfully present, how officers would ascertain immigration status at booking, and how language access or verifying temporary statuses would be handled in practice. Speakers for and against described a balance between supporting law enforcement cooperation with federal authorities and preserving community trust and local discretion.

On a roll call, the House approved final passage 66 yeas to 26 nays. The clerk was ordered to notify the Senate. The bill text as debated makes arrest-and-notify procedures operative after an officer has probable cause to believe the person charged is not lawfully present and directs the jail as the central reporting point to ICE; the measure does not create state criminal penalties tied to federal immigration status itself.