HB 1039 — Various immigration matters.
Last action — Coauthored by Representatives Bartels, Jeter, Davis
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1Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has been introduced in the House. Introduced December 02, 2025. It must pass committee before a floor vote.
Next likely step: a committee referral and hearing.
Odds of enactment
Low chanceBased on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Introduced
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
-
Cleared a recorded vote
Passed 5 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Provides that if a law enforcement officer, governmental body, or postsecondary educational institution is made a party to a civil suit and the attorney general determines that the suit has arisen out of certain acts, the attorney general shall defend the law enforcement officer, governmental body, or postsecondary educational institution throughout the action. Clarifies that the enforcement of federal immigration laws may be carried out by federal, state, or local law enforcement. Removes the mens rea standard in the statute concerning governmental bodies or postsecondary institutions violating the citizenship and immigration status information and enforcement of federal laws chapter. Provides that a governmental body that has the custody of an individual who is the subject of an immigration detainer request shall: (1) provide the judge authorized to grant or deny the individual's release on bail notice that the individual is subject to an immigration detainer request; (2) record in the individual's case file that the individual is subject to an immigration detainer request; (3) comply with the immigration detainer request; and (4) inform the individual that the individual is being held pursuant to an immigration detainer request. Provides immunity to a governmental body or an employee of a governmental body for any action taken concerning an immigration detainer request. Prohibits a political subdivision from taking certain actions to aid, assist, incentivize, or facilitate the migration of any alien or class of aliens into Indiana. Provides that if the attorney general determines that probable cause exists that a governmental entity has not complied with an immigration detention request, the attorney general may bring a court action to: (1) enjoin an act or practice constituting a violation of an immigration detention request; and (2) impose a civil penalty for noncompliance with an immigration detention request. Requires a judge who receives notice that an individual is subject to an immigration detainer request to ensure that the notice of the immigration detainer request is recorded in the court's record. Prohibits an employer from knowingly or intentionally recruiting, hiring, or employing an unauthorized alien. Provides that if the attorney general determines that probable cause exists that an employer has recruited, hired, or employed an unauthorized alien, the attorney general may enjoin the action and seek the suspension of the employer's operating authorizations. Provides that a governmental entity that employs a prosecuting official is entitled to investigative costs and costs in an indecent nuisance action.
Bill Text
- Introduced Introduced House Bill (H) Current pdf
Action History
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Coauthored by Representatives Bartels, Jeter, Davis
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Authored by Representative Prescott
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First reading: referred to Committee on Judiciary
Sponsors
- J.D. Prescott · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 149 not signed on · 10 voted No
Sponsors (1)
- J.D. Prescott Republican
Co-sponsors (0)
None.
Not signed on (149)
149 members have not signed on to this bill.
Show all 149 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 45 | 0 | 0 | 1 |
| Democrat | 23 | 0 | 0 | 1 |
| Unaffiliated | 27 | 0 | 0 | 3 |
| Total | 95 | 0 | 0 | 5 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Lehe | — | Yea |
| Austin | — | Yea |
| Fleming | — | Yea |
| Saunders | — | Yea |
| Frye | — | Yea |
| Leonard | — | Yea |
| Schaibley | — | Yea |
| Goodrich | — | Yea |
| Lyness | — | Yea |
| Gutwein | — | Yea |
| Smith, V | — | Yea |
| Hatfield | — | Yea |
| Speedy | — | Yea |
| Boy | — | Yea |
| Miller | — | Yea |
| Sullivan | — | Yea |
| Negele | — | Yea |
| Jacob | — | Yea |
| Nisly | — | Yea |
| Cook | — | Yea |
| Torr | — | Yea |
| Davisson | — | Yea |
| Vermilion | — | Yea |
| Zent | — | Yea |
| Eberhart | — | Yea |
| Ziemke | — | Yea |
| Ellington | — | Yea |
| Cherry | — | Not Voting |
| Morrison | — | Not Voting |
| Mr. Speaker | — | Not Voting |
| Blake Johnson | Democrat | Yea |
| Carey Hamilton | Democrat | Not Voting |
| Carolyn Jackson | Democrat | Yea |
| Cherrish Pryor | Democrat | Yea |
| Chris Campbell | Democrat | Yea |
| Chuck Moseley | Democrat | Yea |
| Earl Harris | Democrat | Yea |
| Edward DeLaney | Democrat | Yea |
| Gregory Porter | Democrat | Yea |
| John Bartlett | Democrat | Yea |
| Justin Moed | Democrat | Yea |
| Matt Pierce | Democrat | Yea |
| Maureen Bauer | Democrat | Yea |
| Mike Andrade | Democrat | Yea |
| Mitch Gore | Democrat | Yea |
| Philip GiaQuinta | Democrat | Yea |
| Ragen Hatcher | Democrat | Yea |
| Renee Pack | Democrat | Yea |
| Robin Shackleford | Democrat | Yea |
| Ryan Dvorak | Democrat | Yea |
| Sheila Klinker | Democrat | Yea |
| Sue Errington | Democrat | Yea |
| Tonya Pfaff | Democrat | Yea |
| Vanessa Summers | Democrat | Yea |
| Beau Baird | Republican | Yea |
| Ben Smaltz | Republican | Yea |
| Brad Barrett | Republican | Yea |
| Bruce Borders | Republican | Yea |
| Chris Jeter | Republican | Yea |
| Chris Judy | Republican | Yea |
| Chris May | Republican | Yea |
| Cindy Ledbetter | Republican | Yea |
| Craig Snow | Republican | Yea |
| Dale DeVon | Republican | Yea |
| Dave Heine | Republican | Yea |
| David Abbott | Republican | Yea |
| Edmond Soliday | Republican | Yea |
| Edward Clere | Republican | Yea |
| Elizabeth Rowray | Republican | Yea |
| Ethan Manning | Republican | Yea |
| Gregory Steuerwald | Republican | Yea |
| Harold Slager | Republican | Yea |
| Heath VanNatter | Republican | Yea |
| J.D. Prescott | Republican | Yea |
| Jack Jordan | Republican | Yea |
| Jake Teshka | Republican | Yea |
| Jeffrey Thompson | Republican | Yea |
| Jim Lucas | Republican | Yea |
| Jim Pressel | Republican | Yea |
| Joanna King | Republican | Yea |
| Julie Olthoff | Republican | Yea |
| Karen Engleman | Republican | Yea |
| Liz Brown | Republican | Yea |
| Martin Carbaugh | Republican | Yea |
| Matt Hostettler | Republican | Yea |
| Matt Lehman | Republican | Yea |
| Michael Karickhoff | Republican | Yea |
| Michael Young | Republican | Yea |
| Michelle Davis | Republican | Yea |
| Mike Aylesworth | Republican | Yea |
| Peggy Mayfield | Republican | Yea |
| Robert Behning | Republican | Yea |
| Robert Heaton | Republican | Yea |
| Robert Morris | Republican | Not Voting |
| Ryan Lauer | Republican | Yea |
| Shane Lindauer | Republican | Yea |
| Steve Bartels | Republican | Yea |
| Timothy Wesco | Republican | Yea |
| Wendy McNamara | Republican | Yea |
| Zach Payne | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 21 | 0 | 0 | 1 |
| Unaffiliated | 23 | 0 | 0 | 1 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 48 | 0 | 0 | 2 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| Lanane | — | Yea |
| Houchin | — | Yea |
| Merritt | — | Yea |
| Ruckelshaus | — | Yea |
| Sandlin | — | Yea |
| Tallian | — | Yea |
| Smith | — | Not Voting |
| Breaux | — | Yea |
| Crane | — | Yea |
| Delph | — | Yea |
| Eckerty | — | Yea |
| Grooms | — | Yea |
| Head | — | Yea |
| Kruse | — | Yea |
| Long | — | Yea |
| Melton | — | Yea |
| Messmer | — | Yea |
| Mrvan | — | Yea |
| Perfect | — | Yea |
| Spartz | — | Yea |
| Stoops | — | Yea |
| Zakas | — | Yea |
| Zay | — | Yea |
| Boots | — | Yea |
| David Niezgodski | Democrat | Yea |
| Greg Taylor | Democrat | Yea |
| J.D. Ford | Democrat | Yea |
| Lonnie Randolph | Democrat | Yea |
| Aaron Freeman | Republican | Yea |
| Blake Doriot | Republican | Yea |
| Brian Buchanan | Republican | Yea |
| Ed Charbonneau | Republican | Yea |
| Eric Bassler | Republican | Not Voting |
| Eric Koch | Republican | Yea |
| Greg Walker | Republican | Yea |
| James Buck | Republican | Yea |
| James Tomes | Republican | Yea |
| Jean Leising | Republican | Yea |
| Jeff Raatz | Republican | Yea |
| Liz Brown | Republican | Yea |
| Michael Crider | Republican | Yea |
| Michael Young | Republican | Yea |
| Mike Bohacek | Republican | Yea |
| Rick Niemeyer | Republican | Yea |
| Rodric Bray | Republican | Yea |
| Ron Alting | Republican | Yea |
| Ryan Mishler | Republican | Yea |
| Susan Glick | Republican | Yea |
| Travis Holdman | Republican | Yea |
| Vaneta Becker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 0 | 0 | 4 |
| Democrat | 17 | 0 | 0 | 1 |
| Republican | 34 | 0 | 0 | 1 |
| Total | 94 | 0 | 0 | 6 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Eberhart | — | Yea |
| Frye | — | Yea |
| Kirchhofer | — | Not Voting |
| Hamm | — | Yea |
| Lyness | — | Yea |
| Morrison | — | Yea |
| Nisly | — | Yea |
| Ober | — | Yea |
| Pelath | — | Not Voting |
| Richardson | — | Yea |
| Saunders | — | Yea |
| Schaibley | — | Yea |
| Siegrist | — | Yea |
| Stemler | — | Yea |
| Torr | — | Yea |
| Washburne | — | Yea |
| Wolkins | — | Yea |
| Smith, M | — | Yea |
| Smith, V | — | Yea |
| Miller | — | Yea |
| Sullivan | — | Yea |
| Candelaria Reardon | — | Yea |
| Cherry | — | Yea |
| Forestal | — | Yea |
| Friend | — | Yea |
| Frizzell | — | Yea |
| Goodin | — | Yea |
| Gutwein | — | Yea |
| Hatfield | — | Yea |
| Macer | — | Yea |
| Mahan | — | Yea |
| Negele | — | Yea |
| Speedy | — | Yea |
| Mr. Speaker | — | Not Voting |
| Cook | — | Yea |
| Culver | — | Yea |
| Davisson | — | Yea |
| Ellington | — | Yea |
| Kersey | — | Yea |
| Lehe | — | Not Voting |
| Leonard | — | Yea |
| Wright | — | Yea |
| Zent | — | Yea |
| Ziemke | — | Yea |
| Austin | — | Yea |
| Bacon | — | Yea |
| Beumer | — | Yea |
| Alex Burton | Democrat | Yea |
| Carey Hamilton | Democrat | Yea |
| Cherrish Pryor | Democrat | Yea |
| Chuck Moseley | Democrat | Yea |
| Earl Harris | Democrat | Not Voting |
| Edward DeLaney | Democrat | Yea |
| Greg Taylor | Democrat | Yea |
| Gregory Porter | Democrat | Yea |
| John Bartlett | Democrat | Yea |
| Justin Moed | Democrat | Yea |
| Matt Pierce | Democrat | Yea |
| Maureen Bauer | Democrat | Yea |
| Philip GiaQuinta | Democrat | Yea |
| Robin Shackleford | Democrat | Yea |
| Ryan Dvorak | Democrat | Yea |
| Sheila Klinker | Democrat | Yea |
| Sue Errington | Democrat | Yea |
| Vanessa Summers | Democrat | Yea |
| Beau Baird | Republican | Yea |
| Ben Smaltz | Republican | Yea |
| Bruce Borders | Republican | Yea |
| Chris Judy | Republican | Yea |
| Chris May | Republican | Yea |
| Dale DeVon | Republican | Yea |
| Dave Heine | Republican | Yea |
| Edmond Soliday | Republican | Yea |
| Edward Clere | Republican | Yea |
| Ethan Lawson | Republican | Yea |
| Gregory Steuerwald | Republican | Yea |
| Harold Slager | Republican | Yea |
| Heath VanNatter | Republican | Yea |
| Jack Jordan | Republican | Yea |
| Jeffrey Thompson | Republican | Yea |
| Jim Lucas | Republican | Yea |
| Jim Pressel | Republican | Yea |
| Julie Olthoff | Republican | Yea |
| Karen Engleman | Republican | Yea |
| Liz Brown | Republican | Yea |
| Liz Brown | Republican | Yea |
| Martin Carbaugh | Republican | Yea |
| Matt Lehman | Republican | Yea |
| Michael Karickhoff | Republican | Yea |
| Michael Young | Republican | Yea |
| Mike Aylesworth | Republican | Not Voting |
| Peggy Mayfield | Republican | Yea |
| Robert Behning | Republican | Yea |
| Robert Heaton | Republican | Yea |
| Robert Morris | Republican | Yea |
| Shane Lindauer | Republican | Yea |
| Steve Bartels | Republican | Yea |
| Timothy Wesco | Republican | Yea |
| Todd Huston | Republican | Yea |
| Wendy McNamara | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 7 | 0 | 2 |
| Republican | 12 | 9 | 0 | 0 |
| Democrat | 3 | 1 | 0 | 0 |
| Total | 31 | 17 | 0 | 2 |
| % of votes cast | 62% | 34% | 0% | 4% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| Kruse | — | Yea |
| Messmer | — | Yea |
| Ruckelshaus | — | Yea |
| Sandlin | — | Yea |
| Tallian | — | Not Voting |
| Smith | — | Nay |
| Crane | — | Yea |
| Delph | — | Yea |
| Eckerty | — | Yea |
| Grooms | — | Yea |
| Head | — | Yea |
| Hershman | — | Nay |
| Houchin | — | Nay |
| Kenley | — | Yea |
| Lanane | — | Yea |
| Long | — | Nay |
| Melton | — | Nay |
| Merritt | — | Yea |
| Mrvan | — | Yea |
| Perfect | — | Nay |
| Stoops | — | Not Voting |
| Zakas | — | Yea |
| Zay | — | Nay |
| Boots | — | Yea |
| Breaux | — | Yea |
| David Niezgodski | Democrat | Yea |
| Greg Taylor | Democrat | Nay |
| J.D. Ford | Democrat | Yea |
| Lonnie Randolph | Democrat | Yea |
| Aaron Freeman | Republican | Yea |
| Blake Doriot | Republican | Yea |
| Ed Charbonneau | Republican | Yea |
| Eric Bassler | Republican | Nay |
| Eric Koch | Republican | Nay |
| Greg Walker | Republican | Nay |
| James Buck | Republican | Nay |
| James Tomes | Republican | Nay |
| Jean Leising | Republican | Yea |
| Jeff Raatz | Republican | Yea |
| Liz Brown | Republican | Nay |
| Michael Crider | Republican | Yea |
| Michael Young | Republican | Nay |
| Mike Bohacek | Republican | Yea |
| Rick Niemeyer | Republican | Yea |
| Rodric Bray | Republican | Yea |
| Ron Alting | Republican | Nay |
| Ryan Mishler | Republican | Yea |
| Susan Glick | Republican | Yea |
| Travis Holdman | Republican | Yea |
| Vaneta Becker | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 11 |
| Republican | 30 | 0 | 0 | 3 |
| Democrat | 14 | 0 | 0 | 4 |
| Total | 82 | 0 | 0 | 18 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Culver | — | Yea |
| Ellington | — | Yea |
| Gutwein | — | Yea |
| Kirchhofer | — | Yea |
| Leonard | — | Yea |
| Mahan | — | Yea |
| Morrison | — | Yea |
| Nisly | — | Yea |
| Pelath | — | Yea |
| Saunders | — | Not Voting |
| Schaibley | — | Yea |
| Siegrist | — | Yea |
| Stemler | — | Yea |
| Torr | — | Yea |
| Washburne | — | Yea |
| Wolkins | — | Not Voting |
| Forestal | — | Yea |
| Friend | — | Yea |
| Frizzell | — | Yea |
| Goodin | — | Yea |
| Lyness | — | Yea |
| Macer | — | Yea |
| Smith, V | — | Yea |
| Miller | — | Yea |
| Braun | — | Yea |
| Sullivan | — | Yea |
| Arnold | — | Not Voting |
| Candelaria Reardon | — | Not Voting |
| Cherry | — | Not Voting |
| Cook | — | Yea |
| Davisson | — | Yea |
| Eberhart | — | Yea |
| Frye | — | Not Voting |
| Hamm | — | Yea |
| Kersey | — | Yea |
| Lehe | — | Yea |
| Negele | — | Yea |
| Ober | — | Yea |
| Richardson | — | Yea |
| Speedy | — | Yea |
| Wright | — | Yea |
| Zent | — | Not Voting |
| Smith, M | — | Not Voting |
| Mr. Speaker | — | Not Voting |
| Hatfield | — | Not Voting |
| Ziemke | — | Not Voting |
| Austin | — | Yea |
| Bacon | — | Yea |
| Beumer | — | Yea |
| Alex Burton | Democrat | Yea |
| Carey Hamilton | Democrat | Yea |
| Cherrish Pryor | Democrat | Yea |
| Chuck Moseley | Democrat | Yea |
| Earl Harris | Democrat | Yea |
| Edward DeLaney | Democrat | Not Voting |
| Greg Taylor | Democrat | Yea |
| Gregory Porter | Democrat | Yea |
| John Bartlett | Democrat | Yea |
| Justin Moed | Democrat | Not Voting |
| Matt Pierce | Democrat | Yea |
| Maureen Bauer | Democrat | Yea |
| Philip GiaQuinta | Democrat | Yea |
| Robin Shackleford | Democrat | Yea |
| Ryan Dvorak | Democrat | Not Voting |
| Sheila Klinker | Democrat | Yea |
| Sue Errington | Democrat | Not Voting |
| Vanessa Summers | Democrat | Yea |
| Beau Baird | Republican | Yea |
| Ben Smaltz | Republican | Yea |
| Bruce Borders | Republican | Yea |
| Chris Judy | Republican | Yea |
| Chris May | Republican | Yea |
| Dale DeVon | Republican | Yea |
| Dave Heine | Republican | Yea |
| Edmond Soliday | Republican | Yea |
| Edward Clere | Republican | Yea |
| Ethan Lawson | Republican | Yea |
| Gregory Steuerwald | Republican | Yea |
| Harold Slager | Republican | Yea |
| Heath VanNatter | Republican | Not Voting |
| Jack Jordan | Republican | Yea |
| Jeffrey Thompson | Republican | Yea |
| Jim Lucas | Republican | Yea |
| Jim Pressel | Republican | Yea |
| Julie Olthoff | Republican | Yea |
| Karen Engleman | Republican | Yea |
| Liz Brown | Republican | Yea |
| Liz Brown | Republican | Yea |
| Martin Carbaugh | Republican | Not Voting |
| Matt Lehman | Republican | Yea |
| Michael Karickhoff | Republican | Yea |
| Michael Young | Republican | Yea |
| Mike Aylesworth | Republican | Yea |
| Peggy Mayfield | Republican | Yea |
| Robert Behning | Republican | Yea |
| Robert Heaton | Republican | Yea |
| Robert Morris | Republican | Yea |
| Timothy Wesco | Republican | Yea |
| Todd Huston | Republican | Yea |
| Wendy McNamara | Republican | Not Voting |
Subjects
Frequently asked questions
- What does HB 1039 do?
- Provides that if a law enforcement officer, governmental body, or postsecondary educational institution is made a party to a civil suit and the attorney general determines that the suit has arisen out of certain acts, the attorney general shall defend the law enforcement officer, governmental body, or postsecondary educational institution throughout the action. Clarifies that the enforcement of federal immigration laws may be carried out by federal, state, or local law enforcement. Removes the mens rea standard in the statute concerning governmental bodies or postsecondary institutions violating the citizenship and immigration status information and enforcement of federal laws chapter. Provides that a governmental body that has the custody of an individual who is the subject of an immigration detainer request shall: (1) provide the judge authorized to grant or deny the individual's release on bail notice that the individual is subject to an immigration detainer request; (2) record in the individual's case file that the individual is subject to an immigration detainer request; (3) comply with the immigration detainer request; and (4) inform the individual that the individual is being held pursuant to an immigration detainer request. Provides immunity to a governmental body or an employee of a governmental body for any action taken concerning an immigration detainer request. Prohibits a political subdivision from taking certain actions to aid, assist, incentivize, or facilitate the migration of any alien or class of aliens into Indiana. Provides that if the attorney general determines that probable cause exists that a governmental entity has not complied with an immigration detention request, the attorney general may bring a court action to: (1) enjoin an act or practice constituting a violation of an immigration detention request; and (2) impose a civil penalty for noncompliance with an immigration detention request. Requires a judge who receives notice that an individual is subject to an immigration detainer request to ensure that the notice of the immigration detainer request is recorded in the court's record. Prohibits an employer from knowingly or intentionally recruiting, hiring, or employing an unauthorized alien. Provides that if the attorney general determines that probable cause exists that an employer has recruited, hired, or employed an unauthorized alien, the attorney general may enjoin the action and seek the suspension of the employer's operating authorizations. Provides that a governmental entity that employs a prosecuting official is entitled to investigative costs and costs in an indecent nuisance action.
- Who sponsors HB 1039?
- HB 1039 is sponsored by J.D. Prescott (Republican).
- What is the current status of HB 1039?
- This bill has been introduced in the House. Introduced December 02, 2025. It must pass committee before a floor vote.
- Where can I track HB 1039?
- Track HB 1039 free on One Click Politics — get push/email alerts when it moves.
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