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SB 172

Failure to assist in immigration enforcement.

2025 Regular Session Introduced by Jim Tomes and 1 co-sponsor

SB 172 criminalizes failure to assist Indiana law enforcement in immigration enforcement activities, establishing state-level duty-to-assist obligations with penalties for non-compliance.

Senator Tomes added as second author
#criminallawandprocedure;creationofnewoffenses #criminallawandprocedure;immunity #federalgovernment;citizenshipandimmigration #lawenforcement;generally
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Bill Summary · SB 172

Legislative bill overview

SB 172 creates a new criminal offense in Indiana for failing to assist in immigration enforcement activities. The bill would impose legal obligations on individuals to cooperate with immigration enforcement efforts, with penalties for non-compliance. Specific statutory language is not publicly detailed yet, but based on the title, it establishes a duty-to-assist framework for immigration-related law enforcement.

Why is this important

This legislation would represent a significant expansion of state-level immigration enforcement authority and could affect interactions between local law enforcement, state agencies, and federal immigration authorities. The bill raises questions about resource allocation, legal liability for individuals and municipalities, and the scope of cooperation expected between different government levels—all with potential fiscal and operational consequences for Indiana's criminal justice system.

Potential points of contention

  • Scope and clarity: Ambiguity about what "assisting" means could create liability for ordinary citizens, public employees, or business owners in unclear circumstances
  • Local control vs. state mandate: Tensions between state requirements and local government preferences regarding immigration enforcement involvement
  • Constitutional concerns: Potential challenges regarding due process, freedom of movement, and whether citizens can be criminally penalized for non-cooperation with federal agencies
  • Resource burden: Implementation costs for enforcement and prosecution of failure-to-assist violations across counties and municipalities
  • Intergovernmental coordination: Unclear relationship between state-mandated assistance and existing federal immigration enforcement protocols

Compiled from official sources — confirm details with the bill’s official record.

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