The Indiana State Legislature continues to move forward with House Bill 1393, a piece of legislation that could transform the relationship between local law enforcement and federal immigration authorities. The Indiana Senate recently passed the bill, pushing the controversial measure one step closer to becoming law. The bill mandates that, subsequent to an arrest, if jail staff or law enforcement officers have probable cause to suspect a person's presence in the United States is unlawful, they must inform the county sheriff, who in turn, is obliged to contact federal immigration officials like ICE.
This legislation seemingly places additional burdens on those who are already navigating the complexities of the criminal justice system. "When you come here illegally, you’re breaking our laws, and we’re either going to be a nation of laws, or we’re not," Lt. Gov. Micah Beckwith stated, emphasizing the importance of legality in the immigration process, FOX59 reported. Meanwhile, critics, such as those from the Indiana Latino Democratic Caucus, argue that the bill extends beyond the arrests, potentially implicating individuals before they've had their day in court. “It still opens up our law enforcement officials to liability for making mistakes,” said Carolina Castonero, hinting at the precarious use, of probable cause as a substitute for due process.
The heart of the contention lies in the possible implications of prematurely passing judgment based on arrest, rather than conviction. “There’s a difference between arrest and conviction," State Sen. Fady Qaddoura told FOX59, as concerns about due process are echoed throughout the Democrat ranks. State Sen. Greg Taylor stressed the distinction further, "They haven’t committed a crime; respectfully, Senator [Freeman], please quit saying that. They’ve been arrested; they have not been convicted of committing a crime."
Adjustments to the legislation have stripped the original bill of aspects, that could have heightened racial profiling issues. The bill no longer requires police officers to notify ICE after arresting someone suspected of being here illegally, instead shifting the responsibility to sheriffs and jail staff after an arrest for another misdemeanor or felony, as detailed by WTHR. With the Senate’s passing of HB 1393, the bill returns to the House for concurrence on the amendments before it can reach the Governor's desk.
In the latest legislative session, 49 bills and 12 amendments were addressed, with HB 1393 emerging as one of the more contentious topics, The Statehouse File reports.
