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Senate approves bill authorizing sheriffs to notify ICE when arrested individuals are suspected of being undocumented
Summary
The Senate passed House Bill 13‑93 on March 24, 2025, 37‑10, directing county sheriffs or detention facilities to notify federal immigration authorities when an arrested person is believed, on probable cause, not to be lawfully in the United States. The bill drew lengthy debate over profiling, training, and local enforcement roles.
The Indiana Senate on March 24, 2025 passed House Bill 13‑93, a measure that requires county sheriffs or detention facilities to notify federal immigration authorities if an arrested individual is believed, on probable cause, to be present in the United States unlawfully. The final recorded vote was 37 in favor, 10 opposed.
Sponsor Senator Freeman said the bill narrows the circumstances in which federal immigration authorities would be notified. "When someone has been arrested for a misdemeanor or felony, and we don't know who that person is, they can't produce a license, they can't produce an ID, they can't produce a single piece of paper, they can't produce any kind of identification, I do not think it is unreasonable... to figure out who this person is," Freeman said on the floor.
Opponents warned that the measure could lead to racial profiling, discourage crime victims and witnesses from contacting police, and impose operational burdens on local agencies. Senator Taylor called the bill a risk to immigrant communities and argued law enforcement should not be asked to enforce federal immigration policy in ways that could chill reporting: "They have not been convicted of committing a crime. They have just been arrested. We have a thing in this country called due process," Taylor said.
Debate also focused on practical standards. Sponsors said the statute requires probable cause that the person is not lawfully present before notification; several senators pressed for clarity about what facts meet that threshold and whether officers will be trained to apply it. Senator Baldwin listed examples that could establish probable cause in practice, including counterfeit documents, database matches showing an order to remove, admission of illegal entry, or credible intelligence of human smuggling.
Several law‑enforcement and county officials were cited during floor debate. Senator Pohl said local practice already includes referrals to federal authorities when appropriate but that the bill could create new administrative burdens if ICE does not respond. Senator Cordura and others raised concerns about the potential for mistaken referrals and for victims to avoid contacting police.
After extended floor discussion and several amendments that narrowed who must act and which actors are responsible, the chamber adopted the bill and the clerk recorded the roll: 37 ayes and 10 noes. The Senate instructed the secretary to inform the House of the passage.
Ending: Supporters described the bill as a limited, post‑arrest step to identify noncitizens who have committed crimes; opponents said it risks profiling and local public‑safety harms and urged federal solutions.
