House GOP Rejects Police Liability Shield in Immigration Bill
INDIANAPOLIS — In a heated session on Tuesday, Indiana House Republicans defeated several key amendments to Senate Bill 76, a wide-ranging immigration enforcement measure. While one amendment providing due process for U.S. citizens passed, Democrats warn that the bill—as it stands—leaves local law enforcement agencies vulnerable to legal liability and creates “sanctuary” safety concerns in schools and hospitals.
Concerns Over Law Enforcement Liability
State Rep. Mitch Gore (D-Indianapolis), who also serves as a high-ranking sheriff’s deputy, led the push to protect officers from “unlawful detention” lawsuits. His failed amendment sought to replace the bill’s strict requirement for a passport or birth certificate with a broader “lawful-status” standard.
“This is about keeping our officers, sheriffs, and jail staff out of hot water,” Gore said. “Under this bill, green card holders or refugees could be held longer than legally justified simply because they don’t have a passport in their pocket. We are setting the men and women wearing the badge up for failure.”
Gore noted that Indiana’s police chiefs and sheriffs supported the change to avoid the impossible choice between releasing an individual improperly or holding them unlawfully due to missing paperwork.
Due Process Win and Financial Loss
State Rep. Carolyn B. Jackson (D-Indianapolis) successfully passed Amendment 19, which allows U.S. citizens to legally challenge their detainment if they are wrongfully held under ICE detainer requests.
However, a secondary amendment that would have allowed those wrongfully detained to seek up to $10,000 in damages was rejected by a 31-63 vote. Jackson argued that without financial recourse, Hoosiers who miss work or face misidentification because of “appearance, accent, or skin color” have no way to recover their losses.
“Sanctuary” Protections and Violent Crime
State Rep. Ed DeLaney (D-Indianapolis) offered a series of exemptions for campus police, school resource officers, and hospital security. He argued these specific officers should not be forced into immigration enforcement roles that disrupt education or healthcare.
“School resource officers should not be expected to grab children out of classrooms,” DeLaney stated. “Campus police should not be forced to snatch students on their way to a lecture.”
DeLaney also criticized the defeat of an amendment that would have required violent criminals to serve their full sentences in Indiana before being deported. He called the rejection a blow to victims’ rights, stating that violent offenders should not “shirk responsibility” by being sent back to their country of origin before completing their punishment.
What’s Next for SB 76?
Senate Bill 76 continues to move through the legislative process. It remains one of the most significant pieces of immigration legislation this session, aiming to mandate local cooperation with federal authorities and impose $10,000 fines on agencies that fail to comply.
