Immigration enforcement bill moves forward amid legal questions

State senators are advancing a new measure to increase immigration enforcement. But the Indiana Attorney General’s office warns parts of the legislation run afoul of federal law.

The proposed immigration enforcement act, S.B. 76, would require all governmental bodies — including law enforcement — to comply with federal immigration detainer requests.

The bill's author Sen. Liz Brown (R- Fort Wayne) said she made some adjustments to the measure in response to concerns over an earlier bill. Brown said her bill ensures law enforcement agencies get necessary training.

“The biggest change, I will tell you, is making sure that the sheriff’s deputies and any law enforcement who’s going to be partnering with our federal partners that they have the right information that they need,” Brown said.

The bill would also require the Family and Social Services Administration to provide information to lawmakers on noncitizens accessing services including Medicaid and SNAP. And it makes it unlawful for employers to "recklessly or intentionally” hire an unauthorized worker.

The state’s Attorney General’s Office opposes the bill.

“The enforcement provisions added by the amendment, putting out enforcement under [the] Department of Labor is not only unworkable but it is likely also unconstitutional,” Erin Tuttle with the office said.

Tuttle encouraged lawmakers to instead support another immigration bill, the FAIRNESS Act, that she describes as the “gold standard” for immigration reform. That bill also failed in the legislature last year but is being reintroduced this year.

The bill was met with opposition from both advocates and critics of stricter immigration policy. For some it didn’t go far enough. For others it went too far.

Attorney Karla Lopez Owens has been working closely on the issue, and spoke in opposition to the legislation.

“All this bill does is create terror in our communities,” Owens said.

The bill passed out of the Senate Judiciary Committee with a 6-2 vote.

Contact WFYI All Things Considered newscaster and reporter Samantha Horton at shorton@wfyi.org or on Signal at SamHorton.05