Ind. Code ch. 22-5-9

in effect

Ind. Code § 22-5-9-1 "Agency"

Sec. 1. As used in this chapter, "agency" means any state or local administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of government created or established by law that issues any form of operating authorization that is used to engage in commerce in Indiana or in a county, city, town, or township located in Indiana. As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-2 "Employ"

Sec. 2. As used in this chapter, "employ" means to engage the services or labor of an individual for wages or other remuneration, including to suffer or permit to work. As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-3 "Employee"

Sec. 3. As used in this chapter, "employee" means an individual who is employed by an employer, including an individual who is suffered or permitted to work. As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-4 "Employer"

Sec. 4. As used in this chapter, "employer" means a person, including an agent, that employs employees in Indiana. As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-5 "Operating authorization"

Sec. 5. As used in this chapter, "operating authorization" means a license, permit, certificate, approval, registration, charter, article of incorporation, or other form of authorization that is: (1) issued by an agency; and (2) used by a person to engage in commerce in Indiana or in a county, city, town, or township located in Indiana. As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-6 "Unauthorized alien"

Sec. 6. As used in this chapter, "unauthorized alien" has the meaning set forth in 8 U.S.C. 1324a(h)(3). As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-7 Unlawful employment practice; reasonable diligence to confirm work eligibility

Sec. 7. (a) This subsection does not apply to the hiring, recruitment, or employment of an unauthorized alien that occurred before July 1, 2026. Except as provided in subsection (c), it is unlawful for an employer to knowingly or intentionally recruit, hire, or continue to employ an unauthorized alien in Indiana. (b) For purposes of this chapter, "reasonable diligence to confirm the work eligibility of an individual" includes: (1) utilizing an electronic verification of work authorization program operated by the United States Department of Homeland Security to verify the work eligibility of an employee, except where the circumstances under which the verification was made would have put a reasonable person on notice that the verification was unreliable or of limited reliability; or (2) engaging in diligence to confirm work eligibility of an individual in a manner that is consistent with industry standard best practices. (c) An employer is not in violation of subsection (a) if the employer engaged in reasonable diligence to confirm the work eligibility of an individual before recruiting, hiring, or continuing to employ the individual. As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-8 Employer violation; notice to employer; affidavit

Sec. 8. (a) If the attorney general determines that probable cause exists that an employer has violated section 7 of this chapter at any point in the preceding three (3) year period or has violated the terms of its probationary status under section 9(c) of this chapter, the attorney general is, except as provided in subsection (b), authorized to bring an action against the employer to enjoin the violation and for other relief authorized by section 9 of this chapter. (b) In the case of an employer that has never previously been found under section 9 of this chapter to have committed a violation of section 7 of this chapter and has never previously submitted to the attorney general an affidavit under subsection (c), the attorney general shall provide the employer notice of the attorney general's probable cause determination before the attorney general initiates an action under subsection (a). If, within fifteen (15) business days of receiving the attorney general's notice, the employer either: (1) provides evidence to the attorney general that the employer has engaged in reasonable diligence to confirm the work eligibility of the employer's employees and that the employer has not committed a violation of section 7 of this chapter; or (2) submits to the attorney general an affidavit under subsection (c); the attorney general may not initiate an action under subsection (a). (c) An employer described in subsection (b) that receives notice of the attorney general's probable cause determination under subsection (b) may, within fifteen (15) business days of receiving the notice, submit to the attorney general an affidavit signed by an authorized representative attesting that the employer has terminated the employment of any and all unauthorized aliens, engaged in reasonable diligence to confirm the work eligibility of all of its employees, and will not knowingly employ any unauthorized aliens in the future. As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-9 Injunctive relief; temporary or permanent revocation of operations; multiple violations; probationary status

Sec. 9. (a) If a court determines by a preponderance of the evidence that an employer has violated section 7 of this chapter, the court shall enjoin the violation and shall order the relief provided in subsection (b) or (c), or both, as the court determines appropriate. (b) A court may order the following for violations of this chapter: (1) In the case of a single violation by an employer that has never previously been determined to be in violation of section 7 of this chapter, the court may order the suspension of all of the employer's operating authorization at the location of the violation for five (5) business days. (2) In the case of more than one (1) violation by an employer that has never previously been determined to be in violation of section 7 of this chapter, the court may order the suspension of all of the employer's operating authorizations at the location or locations where the violations occurred for a period of ten (10) business days. (3) In the case of one (1) or more violations by an employer that has previously been determined to be in violation of section 7 of this chapter, the court may order the suspension of all of the employer's operating authorizations at the location or locations where the violation or violations occurred for a period of one hundred eighty (180) days. (4) In the case of one (1) or more violations by an employer previously subject to the penalty provided in subdivision (3), the court may order the permanent revocation of all of the employer's operating authorizations at the location or locations where the violation or violations occurred. (5) In the case of an employer that: (A) willfully violated section 7 of this chapter; (B) committed previous or current violations at three (3) or more locations at which the employer engages or previously engaged in commerce; and (C) has previously been subject to the penalty provided in subdivision (4); the court may order the permanent revocation of all of the employer's operating authorizations in Indiana. (c) A court may place an employer on probationary status for a period of between six (6) months to two (2) years. During the probationary period, the employer shall file with the attorney general quarterly reports describing the employer's hiring practices and efforts to comply with section 7 of this chapter and containing the work eligibility documentation for the employer's employees. Each report must be accompanied by an affidavit attesting to the report's accuracy. (d) If a court determines that an employer has violated the terms of its probationary status under subsection (c), the court shall order the applicable relief provided in subsection (b). (e) If an employer does not hold an operating authorization specific to the location at which a violation occurred, but uses other operating authorizations at other locations, the court shall, in ordering the relief provided under subsection (b), suspend or revoke those other operating authorizations. As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-10 Prohibited discrimination

Sec. 10. An employer may not discharge or discriminate against an employee because the employee communicated or cooperated with the attorney general concerning compliance with this chapter. As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-11 Obligation to withhold, collect, or pay income tax on wages

Sec. 11. The suspension or revocation of a license under this chapter does not relieve an employer from the employer's obligations to withhold, collect, or pay income tax on wages paid to employees. As added by P.L.106-2026, SEC.16.

Ind. Code § 22-5-9-12 Enforcement

Sec. 12. This chapter shall be enforced without regard to race, color, or national origin. As added by P.L.106-2026, SEC.16.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/22Fetched: 10/17/2026