Know Your Rights if ICE Comes to Indiana

This page is information, not legal advice. Indiana's FAIRNESS Act (Senate Enrolled Act 76) was signed June 2, 2026, and takes full effect July 1, 2026. It significantly expands state-level immigration enforcement cooperation. Constitutional rights apply regardless of state law. Verify current enforcement conditions with the ACLU of Indiana or a licensed immigration attorney.

Indiana has moved decisively toward maximum cooperation with federal immigration enforcement. Governor Mike Braun issued an executive order on his first day in office in January 2025 directing all state law enforcement agencies to fully cooperate with ICE and pursue 287(g) agreements. The Indiana State Police, Department of Homeland Security, and Department of Correction applied for 287(g) agreements in mid-2025. And in June 2026, Governor Braun signed the FAIRNESS Act - Senate Enrolled Act 76 - a comprehensive immigration enforcement law that takes effect July 1, 2026.

The FAIRNESS Act is the most significant immigration legislation Indiana has passed. It requires every governmental body in the state to comply with ICE detainer requests, prohibits any government entity from adopting sanctuary policies, mandates employer E-Verify use, requires notification of bail judges when detainers are issued, and grants the Indiana Attorney General authority to investigate and sue non-compliant entities. Schools, universities, hospitals, local governments, police departments, and sheriff offices are all covered.

Indiana had more than 1,000 people detained by ICE through the Marion County Jail alone in 2025. The enforcement environment is active and supported at every level of state government.

Part 1: Your rights under federal law - everywhere, including Indiana

These rights come from the U.S. Constitution. They apply in Indiana regardless of immigration status, citizenship, or how you entered the country. State laws cannot eliminate constitutional rights.

At your front door

The Fourth Amendment protects your home from government entry without your consent or a judicial warrant. Two very different documents may come to your door.

A judicial warrant is signed by a federal judge, based on probable cause, and authorizes entry to a specific address. If ICE presents a valid judicial warrant with your correct address and a judge's signature, officers have legal authority to enter. Ask to see it through a closed door or window before opening.

An administrative warrant, typically ICE Form I-200 or I-205, is signed by an immigration officer, not a judge. An administrative warrant does not authorize ICE to enter your home without your consent. You do not have to open the door. Ask through the door which type of warrant they have. If it is administrative, you are not required to let them in. The FAIRNESS Act does not change this federal constitutional protection.

During a traffic stop or street encounter

You have the right to remain silent. You do not have to answer questions about where you were born, your immigration history, or your status. You can say you are exercising your right to remain silent and want to speak to a lawyer. You can ask whether you are free to go. If the officer says yes, you may calmly leave.

Do not lie and do not provide false documents. Silence is a legal right. False statements are a separate crime. Many families carry a printed card asserting these rights.

At your workplace

ICE may enter public areas of a workplace without a warrant. Private, non-public areas generally require a judicial warrant or employer consent. You have the right to remain silent in any workplace encounter. Note: Under the FAIRNESS Act, Indiana employers are now required to verify employment authorization and may face penalties for knowingly hiring undocumented workers. This changes the practical employment environment but does not change your constitutional rights during an enforcement encounter.

Do not sign anything without a lawyer

Documents presented during an ICE arrest may include voluntary departure agreements or stipulated removal orders that waive your right to a hearing before an immigration judge. Do not sign anything without speaking to an attorney first.

Part 2: The FAIRNESS Act - what it requires

Senate Enrolled Act 76, known as the FAIRNESS Act (Fostering and Advancing Immigration Reforms Necessary to Ensure Safety and Security), was signed by Governor Braun on June 2, 2026, and takes full effect July 1, 2026. Its major provisions:

Mandatory detainer compliance for all governmental bodies

Every governmental body in Indiana - meaning any entity of state or local government - must comply with ICE immigration detainer requests. When ICE issues a detainer requesting that a person in local custody be held for up to 48 hours beyond their release date, the governmental body holding them is required to honor it. This is a significant change from the prior landscape where detainers were treated as requests that local agencies had discretion to honor or decline.

The law requires sheriffs and police departments to notify the judge authorized to make bail decisions when a person in their custody is the subject of an immigration detainer. This ensures the court is aware of the federal hold before making release decisions.

No sanctuary policies permitted

The FAIRNESS Act prohibits any government entity in Indiana from adopting a policy that restricts or limits cooperation with federal immigration enforcement. No city, county, school district, university, hospital, or other governmental body may adopt sanctuary policies that limit ICE access or cooperation. This strengthens Indiana's existing prohibition on sanctuary policies and applies it broadly across all types of governmental entities.

Government entities must cooperate with federal agents

Government entities, including public schools and universities, cannot impede federal immigration enforcement. If ICE or law enforcement agents come to a school or hospital, the entity cannot have policies that generally bar cooperation with those agents. This is among the most contested provisions: the Marion County Sheriff, Indianapolis Public Schools, and immigrant rights advocates all raised concerns that it would pull educators into immigration enforcement and damage community trust.

What this means practically: a school principal cannot have a standing policy barring ICE from entering school premises. What remains less clear is exactly what level of cooperation the law requires in specific situations. The law allows governmental bodies to require a judicial warrant before federal agents enter non-public areas. If someone in charge - such as a superintendent or principal - consents to entry, that is permitted under the law. The law does not require proactive assistance in locating specific individuals.

Employer E-Verify requirements and penalties

Indiana employers are prohibited from knowingly recruiting, hiring, or employing individuals not authorized to work in the United States. Employers who use E-Verify or a comparable federal verification program in good faith are shielded from liability. Employers who knowingly hire undocumented workers face penalties including potential license revocation and business shutdown for several days pending investigation. The Indiana Attorney General has enforcement authority.

Hospitals and Medicaid reporting

Beginning in 2027, hospitals will be required to document and report the identification provided by Medicaid recipients at admission. This provision raised particular concern from health advocates, who warned it could discourage immigrant families from seeking medical care even for serious conditions.

Attorney General enforcement authority

The FAIRNESS Act grants the Indiana Attorney General new authority to investigate and pursue violations by local governments and employers who do not comply with immigration statutes. The AG can sue non-compliant entities and can defend entities sued for cooperating with ICE. This creates a significant incentive for compliance and a significant deterrent for any local entity that might otherwise limit cooperation.

Part 3: What the FAIRNESS Act cannot do

The FAIRNESS Act significantly expands the enforcement obligations of Indiana governmental entities. But it operates within constitutional limits that state law cannot eliminate.

The FAIRNESS Act cannot require governmental bodies to allow ICE into private, non-public spaces without a judicial warrant. Federal agents need a judicial warrant signed by a federal judge to enter private areas of a school, hospital, or other facility without consent. If the person in charge of a facility does not consent and ICE does not have a judicial warrant, those private areas are protected by the Fourth Amendment regardless of what state law says.

The FAIRNESS Act cannot require anyone to answer questions about their immigration status. The right to remain silent applies regardless of state law. State law cannot compel anyone to speak to law enforcement.

The FAIRNESS Act cannot change the constitutional protections at your home's front door. An administrative warrant is still not legal authority to enter a private residence without consent.

Legal challenges to the FAIRNESS Act were anticipated by immigrant rights organizations including the ACLU of Indiana. Whether any provisions were challenged in court after the law's July 1, 2026 effective date is something to verify with current local sources.

Part 4: The 287(g) landscape in Indiana

Governor Braun's January 2025 executive order directed all Indiana law enforcement to pursue 287(g) agreements with ICE. The Indiana State Police, Department of Homeland Security, and Department of Correction applied for agreements in August 2025. At the county level, multiple sheriff offices had entered or applied for agreements since 2025.

An important nuance documented by the Indiana Capital Chronicle: even when agencies have finalized 287(g) agreements, officers must complete ICE training and pass examinations before they are actually deputized. Some Indiana agencies with finalized agreements had not yet had trained personnel as of mid-2025. The existence of a signed agreement does not mean immediately active immigration enforcement authority. Check the current ICE 287(g) database and local reporting to understand which specific agencies have trained and active officers.

Marion County Jail detained over 1,000 immigrants for ICE in 2025. Marion County is home to Indianapolis and is the state's largest county. Even before the FAIRNESS Act took effect, the county jail was a significant point of entry into ICE custody for Indiana residents.

Part 5: What to do right now, before anything happens

Know your A-number and make sure trusted family members have it written down. It is on any prior immigration document.

Know that under the FAIRNESS Act, your employer may now be subject to E-Verify requirements and penalties for employing you without authorization. The employment landscape in Indiana has changed as of July 1, 2026, and it is worth understanding how it affects your specific situation.

Identify an immigration attorney or legal aid organization before you need one. Indiana has immigration legal service providers concentrated in Indianapolis, Fort Wayne, South Bend, and other urban centers.

Prepare guardianship documents for any children in your household. Given the FAIRNESS Act's scope and the mandatory detainer compliance provisions, a traffic stop or minor arrest in Indiana can escalate quickly into ICE custody.

Set up a financial power of attorney so a trusted person can manage accounts and property if you are detained.

Part 6: Legal help and resources in Indiana

The ACLU of Indiana has been at the center of opposition to the FAIRNESS Act and publishes know-your-rights resources. They can also provide information about any legal challenges filed after the law's July 1, 2026 effective date. Their website is aclu-in.org.

Indiana Legal Services provides free civil legal help to low-income Hoosiers including immigration matters. They operate statewide with offices in Indianapolis, Fort Wayne, South Bend, Evansville, and other cities. Their website is indianalegalservices.org.

Catholic Charities Archdiocese of Indianapolis provides immigration legal services including removal defense and family petition assistance.

The National Immigrant Justice Center, based in Chicago, operates in the broader region and provides legal services to detained individuals. Their website is immigrantjustice.org.

For immigration court case information, call the EOIR automated line at 1-800-898-7180. To locate someone in ICE custody, use the ICE Online Detainee Locator at locator.ice.gov, or call the ICE Detention Reporting and Information Line at 1-888-351-4024.

Immigration Advocates Network lists Indiana legal providers at immigrationadvocates.org.

Indiana has enacted one of the most comprehensive state-level immigration enforcement cooperation frameworks in the country. The FAIRNESS Act, signed June 2, 2026 and effective July 1, 2026, requires every governmental body to comply with ICE detainers, prohibits all sanctuary policies, mandates employer E-Verify, and gives the Attorney General enforcement authority. Your federal constitutional rights apply fully in Indiana regardless of state law. An administrative warrant is still not legal authority to enter your home without consent. Your right to remain silent is unchanged. These are the protections that survive any state enforcement framework, and knowing them is the foundation for protecting your family here.

This page reflects the FAIRNESS Act as signed June 2, 2026, effective July 1, 2026. Legal challenges to specific provisions may have been filed after that date. Verify current enforcement conditions and any court orders affecting the law's implementation with the ACLU of Indiana or a licensed immigration attorney.