Indiana 2025 Regular Session Status: In Committee 2 R cosponsors

SB 428 — Immigration matters.

Last action — Senator Schmitt added as coauthor

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

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 entities or postsecondary institutions violating the citizenship and immigration status information and enforcement of federal laws. 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. 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: (1) issue a cease and desist order; (2) bring a court action to enjoin an action or practice constituting a violation of an immigration detention request or compel compliance with the immigration detention request; and (3) impose a civil penalty for noncompliance with an immigration detention request. Provides that if the attorney general determines a governmental body did not comply with an immigration detention order, upon the advice of the attorney general, the governor may order that state funding and grants be withheld from the governmental body. 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. Requires a judge to report to the United States Immigration and Customs Enforcement Agency an individual who has been convicted in the judge's court of a felony or misdemeanor.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 428 on the official Indiana source →

Action History

  1. Senator Schmitt added as coauthor

  2. Authored by Senator Koch

  3. First reading: referred to Committee on Corrections and Criminal Law

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 148 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (148)

148 members have not signed on to this bill.

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"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.

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Subjects

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Frequently asked questions

What does SB 428 do?
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 entities or postsecondary institutions violating the citizenship and immigration status information and enforcement of federal laws. 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. 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: (1) issue a cease and desist order; (2) bring a court action to enjoin an action or practice constituting a violation of an immigration detention request or compel compliance with the immigration detention request; and (3) impose a civil penalty for noncompliance with an immigration detention request. Provides that if the attorney general determines a governmental body did not comply with an immigration detention order, upon the advice of the attorney general, the governor may order that state funding and grants be withheld from the governmental body. 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. Requires a judge to report to the United States Immigration and Customs Enforcement Agency an individual who has been convicted in the judge's court of a felony or misdemeanor.
Who sponsors SB 428?
SB 428 is sponsored by Daryl Schmitt (Republican) and Eric Koch (Republican).
What is the current status of SB 428?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 428?
Track SB 428 free on One Click Politics — get push/email alerts when it moves.

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