Ind. Code § 5-2-18.2-0.5 "Alien"
Sec. 0.5. As used in this chapter, "alien" has the meaning set forth in 8 U.S.C. 1101(a).
As added by P.L.106-2026, SEC.2.
Ind. Code ch. 5-2-18.2
Ind. Code ch. 5-2-18.2
in effectInd. Code § 5-2-18.2-1 "Governmental body"
Sec. 1. As used in this chapter, "governmental body" has the meaning set forth in IC 5-22-2-13.
As added by P.L.171-2011, SEC.2.
Ind. Code § 5-2-18.2-1.7 "Immigration detainer request"
Sec. 1.7. As used in this chapter, "immigration detainer request" means a request issued by an authorized immigration officer to a law enforcement agency to detain an individual pursuant to 8 CFR 287.7 or any successor provision or other applicable federal authority.
As added by P.L.106-2026, SEC.3.
Ind. Code § 5-2-18.2-2 "Law enforcement officer"
Sec. 2. (a) As used in this chapter, "law enforcement officer" has the meaning set forth in IC 5-2-1-2.
(b) The term includes a member in the military police force of the Indiana National Guard while exercising police powers in accordance with IC 10-16-23-3.
As added by P.L.171-2011, SEC.2. Amended by P.L.94-2026, SEC.7.
Ind. Code § 5-2-18.2-2.2 "Postsecondary educational institution"
Sec. 2.2. As used in this chapter, "postsecondary educational institution" refers to any state educational institution (as defined in IC 21-7-13-32) or private postsecondary educational institution that receives state or federal funds.
As added by P.L.265-2017, SEC.1.
Ind. Code § 5-2-18.2-3 Prohibited from enacting or implementing restrictions on taking certain actions regarding information of citizenship or immigration status
Sec. 3. A governmental body or a postsecondary educational institution may not enact or implement an ordinance, a resolution, a rule, or a policy, whether written or unwritten, that prohibits or in any way restricts another governmental body or employee of a governmental body or postsecondary educational institution, including a law enforcement officer, a state or local official, or a state or local government employee, from taking the following actions with regard to information of the citizenship or immigration status, lawful or unlawful, of an individual:
(1) Communicating or cooperating with federal officials.
(2) Sending to or receiving information from the United States Department of Homeland Security.
(3) Maintaining information.
(4) Exchanging information with another federal, state, or local government entity.
(5) Gathering information as long as the request for information does not conflict with applicable federal or state:
(A) law; or
(B) policy.
As added by P.L.171-2011, SEC.2. Amended by P.L.265-2017, SEC.2; P.L.106-2026, SEC.4.
Ind. Code § 5-2-18.2-4 Prohibited from limiting or restricting enforcement of federal immigration laws
Sec. 4. A governmental body or a postsecondary educational institution may not in any way limit or restrict the enforcement of federal immigration laws, regardless of whether the enforcement related activity is carried out by a federal, state, or local law enforcement agency, to less than the full extent permitted by federal law as long as the enforcement actions do not violate federal or state law.
As added by P.L.171-2011, SEC.2. Amended by P.L.265-2017, SEC.3; P.L.106-2026, SEC.5.
Ind. Code § 5-2-18.2-5 Action to compel; injunctive relief; civil penalty; county jail time to cure violation
Sec. 5. (a) If the attorney general determines that probable cause exists that a governmental body or a postsecondary educational institution has violated this chapter, the attorney general shall bring an action to compel the governmental body or postsecondary educational institution to comply with this chapter and to seek the relief authorized under subsection (b).
(b) In an action brought under subsection (a), the attorney general may seek to:
(1) enjoin an act or a practice constituting a violation;
(2) impose a civil penalty of not more than ten thousand dollars ($10,000) for each knowing or intentional violation; and
(3) obtain such other relief as is necessary to ensure future compliance with this chapter.
(c) In an action against a county jail for a violation of section 9 of this chapter, the attorney general shall not impose a civil penalty if, during the most recent inspection under IC 11-12-4-2, the department of correction determines that the county jail was in compliance with standards promulgated by the department of correction pursuant to IC 11-12-4-1(a)(5).
(d) Before bringing an action against a county jail for a violation of section 9 of this chapter, the attorney general shall:
(1) consult with the department of correction in order to obtain the results of the most recent inspection of the county jail conducted pursuant to IC 11-12-4-2; and
(2) provide the county jail with notice of the attorney general's probable cause determination.
If, within thirty (30) days of receiving the notice, the county jail provides to the attorney general evidence that the county jail no longer engages in acts or practices that violate section 9 of this chapter, the attorney general may not initiate an action under subsection (a).
(e) The attorney general shall transfer all penalties collected under this chapter to the treasurer of state for deposit in the state general fund.
As added by P.L.171-2011, SEC.2. Amended by P.L.265-2017, SEC.4; P.L.76-2024, SEC.1; P.L.106-2026, SEC.6.
Ind. Code § 5-2-18.2-6 Enjoin violation; available relief
Sec. 6. If a court finds by a preponderance of the evidence that a governmental body or postsecondary educational institution violated this chapter, the court shall enjoin the violation and grant other relief that is authorized for a violation under section 5(b) of this chapter.
As added by P.L.171-2011, SEC.2. Amended by P.L.265-2017, SEC.5; P.L.76-2024, SEC.2; P.L.106-2026, SEC.7.
Ind. Code § 5-2-18.2-7 Written notice to law enforcement officers of duty to cooperate pertaining to enforcement of immigration laws
Sec. 7. (a) Every law enforcement agency (as defined in IC 5-2-17-2) shall provide each law enforcement officer with a written notice that the law enforcement officer has a duty to cooperate with state and federal agencies and officials on matters pertaining to enforcement of state and federal laws governing immigration.
(b) If a law enforcement officer arrests an individual for a felony or a misdemeanor and there is probable cause to believe that the person is not lawfully present in the United States, the jail or detention facility shall, during the intake process at the jail or detention facility, notify the county sheriff of the probable cause to believe the person is not lawfully present in the United States.
(c) A county sheriff shall report information received under subsection (b) to the proper authority in accordance with provisions of this chapter.
As added by P.L.171-2011, SEC.2. Amended by P.L.121-2025, SEC.1.
Ind. Code § 5-2-18.2-8 Enforced without discrimination
Sec. 8. This chapter shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
As added by P.L.171-2011, SEC.2.
Ind. Code § 5-2-18.2-9 Immigration detainer request; defense to detainer; immunity
Sec. 9. (a) Except as provided in subsection (b), a governmental body that has custody of an individual who is the subject of an immigration detainer request shall:
(1) provide to the judge authorized to grant or deny the individual's release on bail under IC 35-33-8-3.2 written 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 all requests made in the immigration detainer request; and
(4) inform the individual that the individual is being held pursuant to an immigration detainer request issued by an authorized immigration officer.
(b) An individual who is the subject of an immigration detainer request may challenge the immigration detainer request by claiming that:
(1) the individual has been misidentified and the correct subject of the immigration detainer request is not the individual; or
(2) the individual is a citizen of the United States and is not subject to removal.
After an individual makes either of these claims, the governmental body shall contact the authorized immigration officer to determine whether the individual has been misidentified or is a citizen of the United States.
(c) A governmental body or an employee of a governmental body is not criminally or civilly liable for any action taken in compliance with an immigration detainer request under this section as long as the action does not violate federal or state law.
As added by P.L.106-2026, SEC.8.
Ind. Code § 5-2-18.2-10 Immigration detainer request; judicial requirements
Sec. 10. A judge who receives written notice under section 9 of this chapter that an individual is subject to an immigration detainer request shall ensure that the notice of the immigration detainer request is recorded in the court's record, regardless of whether the notice was received before or after a judgment in a case.
As added by P.L.106-2026, SEC.9.
Ind. Code § 5-2-18.2-11 Immigration and Customs Enforcement; training
Sec. 11. The department of correction shall, in consultation with the attorney general, identify options for training concerning:
(1) cooperation between county jails and the United States Immigration and Customs Enforcement; and
(2) procedures for the implementation of section 9 of this chapter.
As added by P.L.106-2026, SEC.10.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026