Indiana State Immigration Laws

Indiana is one of a handful of states that have passed comprehensive and strict immigration laws. But it is important to know about the relationship and tension between state and federal law. This issue is particularly important with immigration.

The federal government handles most of the U.S. immigration system. But local officials play a role through law enforcement cooperation, employment verification rules, and other state-level restrictions.

This article explains Indiana’s immigration laws and policies. Learn more about:

• Rules on immigration checks by law enforcement
• The types of immigration status checks schools may run
• E-Verify requirements for employers
• Restrictions on public benefit eligibility
• How an immigration attorney can help
• And more

Immigration rules continue to evolve. Anyone facing an immigration issue in Indiana should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Indiana

Indiana has a much stricter approach to immigration than more politically liberal states like New York, Connecticut, or Illinois. A 2011 law passed in Indiana authorized state and local police officers to arrest people subject to removal (deportation) orders or similar proceedings. But a federal judge blocked that provision.

Under a federal program, the names of convicts are entered into a database that checks immigration status. This program is the “Criminal Apprehension Program.” A person must be convicted of a crime to go through this system. This database is shared with:

• The Federal Bureau of Investigation (FBI)
• The Department of Homeland Security (DHS)
• U.S. Immigration and Customs Enforcement (ICE)

Undocumented immigrants should remain aware of how information is collected and shared under such circumstances.

Employment Restrictions

Under federal laws, employers should refer to federal employment eligibility verification rules and the requirements for Form I-9.

Indiana E-Verify Requirements

Recent Indiana legislation requires that state and local government agencies, as well as government contractors, use E-Verify. E-Verify allows employers to verify a newly hired worker’s employment eligibility. The law does not require private employers to use E-Verify, though they may do so.

The law offers some protections and incentives to employers who choose to use E-Verify to confirm the employment eligibility of new hires. Employers can face penalties for employing unauthorized immigrant workers who did not use E-Verify.

Driver’s License and ID Requirements

Applicants for driver’s licenses in Indiana must bring documents to their local branch of the Indiana Bureau of Motor Vehicles to prove their:

• Name and date of birth
• Social Security number
• Lawful status in the United States
• Indiana residency

Public Benefits Restrictions

Under federal law, immigrants without legal status cannot receive public benefits. But they can access:

• Emergency services
• Health care
• Other programs identified as “necessary to protect life and safety”

Also, Indiana law requires state agencies and divisions to verify people’s eligibility for public benefits. But healthcare providers are not required to verify eligibility for emergency care services.

Educational Restrictions

Indiana law blocks undocumented immigrants from receiving in-state tuition and financial aid benefits.

This applies to Deferred Action for Childhood Arrivals (DACA) recipients as well. DACA was enacted to prevent eligible young adults from being deported after they came to the United States as children. It also gives these young adults work authorization for limited periods of time. Those periods of work authorization are renewable.

U visa holders are also excluded from in-state tuition benefits.

About U visas:

• U visas provide work authorization for abuse victims in the same way that a green card does.
• They are also available to family members of victims.
• Victims of many crimes, not just abuse, are also eligible for this type of visa.

Voter ID Rules

Indiana law requires voters to provide photo identification at the polling booth before casting a ballot. Acceptable identification includes:

• Driver’s licenses
• Passports
• State IDs
• Some student IDs

People who cannot show an acceptable photo ID will be able to vote using a provisional ballot, but must provide an acceptable ID to officials within six days of the election or sign an affidavit for their vote to count.

Housing Ordinances and Immigration

There are no special housing ordinances for immigrants in Indiana. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Immigration in Indiana: Related Resources

See the linked material below for helpful information and resources.

• Indiana Photo ID Law (Indiana Secretary of State) — Learn what documents to bring before casting your vote at the polls on Election Day.
• National Immigration Law Center — This nonprofit organization provides legal services to migrants, regardless of their ability to pay. It also runs initiatives for a variety of immigrant rights-related issues.
• Indiana Legal Aid — This group also provides free or low-cost legal services to immigrants.
• American Immigration Council — This organization provides legal services to immigrants.

Legal Help Is Available for Immigration Issues

Many immigration laws are of federal jurisdiction. But all the statutes, including Indiana’s, play a significant role in how immigration is handled in their respective jurisdictions. This can create confusion.

A qualified immigration attorney can simplify this process. They’ll help you learn more about immigration laws and how they apply to your specific circumstances. Your attorney can support you with all types of immigration issues, including:

• Possible deportation or removal proceedings
• Facilitating communications with U.S. Citizenship and Immigration Services (USCIS)
• Appearing before an immigration court or the Board of Immigration Appeals (BIA)
• Undergoing the naturalization process and trying to become a U.S. citizen

Whatever your unique set of circumstances, immigrant rights are important. If you can’t afford an attorney, you may be eligible for free or low-cost legal help from Indiana Legal Aid. 

Noncitizens should seek the help of an attorney if they are facing any legal issues. Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Whether you’re in Indianapolis or another part of the state, getting the legal help you need is important. FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Indiana. Enter your city or ZIP code for a list of qualified legal professionals in your area.