Gov. Braun signs FAIRNESS Act to tighten state cooperation with federal immigration enforcement

On Tuesday, June 2, Indiana Governor Mike Braun ceremonially signing Senate Enrolled Act 76, the FAIRNESS Act, a new law that strengthens Indiana’s cooperation with federal immigration authorities, holds employers accountable for hiring illegal aliens, and ensures no community in Indiana operates as a sanctuary for illegal immigration.

“On day one as Governor, I made clear that Indiana would not be a safe haven for illegal immigration,” Gov. Braun said. “With the FAIRNESS Act, we are taking the next step in partnering with federal authorities to enforce the most fundamental laws of our country and protect Hoosier communities.”

This legislation aims to strengthen immigration enforcement and prioritize public safety across the state. Upon taking office, Gov. Braun partnered with federal authorities and empowered the Indiana Department of Homeland Security and the Indiana State Police to bolster enforcement.

Additionally, Gov. Braun took action to revoke all CDLs from illegal aliens and penalize companies who employ them, as well as partnering with the U.S. Department of Homeland Security and U.S. Immigration and Custom Enforcement on Operation Midway Blitz to remove illegal aliens driving trucks from Indiana’s roadways.

Governor Braun was joined at the ceremonial signing by the bill’s author, State Sen. Liz Brown (R-Fort Wayne), State Rep J.D. Prescott (R-Union City), and Indiana Attorney General Todd Rokita.

“Members of my office and I worked tirelessly for nearly two years with State Reps. J.D. Prescott, Chris Jeter, and others in the House to draft and secure passage of the FAIRNESS Act,” AG Rokita said. “I am pleased that despite efforts to derail its best-in-the-nation language, the content ceremonially signed today remains very much the same as originally written. FAIRNESS Act represents by far the most significant legislative action Indiana has ever taken to combat illegal immigration and sends a powerful message that our state is putting Hoosiers first. We are thankful to Governor Braun for signing it into law and for his support even before the last legislative session. My office will now turn its attention to enforcing it.”

SEA 76, the FAIRNESS Act, short for Fostering and Advancing Immigration Reforms Necessary to Ensure Safety and Security, requires every governmental body in Indiana to comply with U.S. Immigration and Customs Enforcement detainer requests and prohibits any state or local entity from adopting a sanctuary policy that restricts cooperation with federal immigration officials.

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, ensuring federal immigration holds are honored before release.

SEA 76 also prohibits Indiana employers from knowingly recruiting, hiring, or employing individuals who are 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.

The law grants the Indiana Attorney General new authority to investigate and pursue violations, ensuring that no jurisdiction in Indiana – and no employer doing business in the state – becomes a safe haven for illegal immigration.