STATEHOUSE – A bill authored by State Sen. Eric Koch (R-Bedford) to enforce Indiana law prohibiting sanctuary cities in Indiana passed the Senate Monday, Jan. 22, by a vote of 37-9.
A “sanctuary city” is a term for a local unit of government that has adopted a policy to deliberately and intentionally disregard federal law and not cooperate with federal immigration authorities.
Senate Bill 181 would amend existing law to authorize the Indiana attorney general to file suit against any Indiana college, university, or unit of local government that does not enforce current Indiana laws banning sanctuary cities.
Koch sponsored Senate Enrolled Act 590 in 2011 to enact current law, which prohibits local governments and their employees, including police, from refusing to communicate or cooperate with federal immigration authorities to protect noncitizens who entered or remained in the U.S. without legal permission.
“There was a challenge brought to the current statute in 2022 where the Indiana Supreme Court invalidated a prohibition against sanctuary cities not based on the policy, but based on standing, which determines who can bring a case,” Koch said. “This bill would simply amend existing Indiana law to give the Indiana attorney general standing to ensure current law is followed.”
SB 181 would also require the Indiana attorney general to have probable cause and prove that it was knowing and intentional by a preponderance of the evidence to file a suit to enjoin the action.
The bill will now move to the Indiana House of Representatives for further consideration. To learn more about this and other legislation Koch is authoring this legislative session, visit iga.in.gov.
Koch serves as chairman of the Senate Committee on Utilities, ranking member of the Senate Committees on Judiciary and Commerce and Technology, and member of the Senate Committee on Corrections and Criminal Law. Koch can be reached via email at Senator.Koch@iga.in.gov or by phone at 800-382-9467.
