The FAIRNESS Act requires every local law enforcement agency in Indiana to honor ICE detainer requests starting July 1. A detainer is a request, not a warrant. Federal courts in multiple circuits have ruled that holding someone on a detainer without a judicial warrant violates the Fourth Amendment.
Under this law, a person stopped for a broken taillight can be held in county jail past their release date while waiting for ICE. A worker who reports unsafe conditions to OSHA risks triggering an employer investigation that exposes everyone on the job site. A witness who calls 911 to report a crime risks detention when officers arrive.
I am asking you to amend the FAIRNESS Act to require a judicial warrant before any local agency holds someone on an ICE detainer. This is not about whether federal immigration law should be enforced. It is about whether Indiana law enforcement should detain people without the constitutional protections every resident is entitled to.
Counties that honor detainers without warrants face liability. Clackamas County, Oregon paid $30,000 to settle a wrongful detention lawsuit. Lehigh County, Pennsylvania paid $95,000. Indiana taxpayers will bear these costs unless the law requires warrants.
A warrant requirement does not prevent ICE from operating in Indiana. It requires ICE to meet the same standard every other law enforcement agency must meet before holding someone.
