Indiana’s immigration laws are narrower than most people assume. The state itself regulates two things directly: it requires businesses that contract with government agencies to use the federal E-Verify system, and it forbids cities, counties, and public universities from adopting sanctuary policies that limit cooperation with federal immigration authorities. Everything else that shapes daily life for non-citizens in Indiana — driver’s licenses, school enrollment, tax filing, address reporting, workplace discrimination — comes from federal law that applies here the same as anywhere else.
Who Indiana’s E-Verify Law Actually Covers
Indiana does not require every private employer to use E-Verify. Under Indiana Code 22-5-1.7-11, the requirement applies when a state agency or political subdivision enters into or renews a public contract for services: the contract must include a provision requiring the contractor to enroll in E-Verify and verify the eligibility of all newly hired employees.1Indiana General Assembly. Indiana Code 22-5-1.7-11 – Contractors With Public Contract for Services Required to Use E-Verify Program A parallel section extends the mandate to public works contracts entered into or renewed after June 30, 2015.2Indiana General Assembly. Indiana Code 22-5-1.7-11.1 – Contractors With Public Works Contract Required to Use E-Verify Program In either case the contractor must also sign an affidavit stating they do not knowingly employ unauthorized workers.
Businesses receiving state grants over $1,000 face a similar requirement and must provide documentation of E-Verify participation along with the same affidavit.1Indiana General Assembly. Indiana Code 22-5-1.7-11 – Contractors With Public Contract for Services Required to Use E-Verify Program Private employers that do no business with the state are not covered by Indiana’s E-Verify statute. They still have to complete the federal I-9 for every new hire, but the state mandate does not reach them.
When a covered contractor falls out of compliance, the agency must notify them and allow 30 days to correct the problem.3Indiana General Assembly. Indiana Code 22-5-1.7-12 – Contractor and Subcontractor Violations If it isn’t fixed, the government entity must terminate the contract for breach and the contractor is liable for actual damages.4Indiana General Assembly. Indiana Code 22-5-1.7-13 – Termination of Contract for Services or Public Works Project The state statute itself does not impose civil fines or suspend business licenses; the consequences are contractual.
The Ban on Local Sanctuary Policies
Indiana Code 5-2-18.2 prohibits state and local government bodies, including public universities, from adopting any policy that restricts communication or cooperation with federal immigration authorities. No government entity may block its employees or officers from sharing citizenship or immigration status information with federal officials, from sending or receiving information to and from the Department of Homeland Security, from maintaining that information, or from exchanging it with other government entities.5Justia. Indiana Code Title 5, Article 2, Chapter 18.2 – Citizenship and Immigration Status Information and Enforcement of Federal Immigration Laws A separate provision bars local governments from limiting enforcement of federal immigration law within their jurisdictions.
Every law enforcement agency in the state must give its officers written notice of their duty to cooperate with state and federal agencies on immigration matters.6Indiana General Assembly. Indiana Code 5-2-18.2-7 – Written Notice to Law Enforcement Officers of Duty to Cooperate Pertaining to Enforcement of Immigration Laws
The enforcement tool is an injunction. If a court finds a knowing or intentional violation by a preponderance of the evidence, it “shall enjoin the violation.”7Indiana General Assembly. Indiana Code 5-2-18.2-6 – Enjoin Violation The attorney general or any individual lawfully residing in Indiana can bring the action.5Justia. Indiana Code Title 5, Article 2, Chapter 18.2 – Citizenship and Immigration Status Information and Enforcement of Federal Immigration Laws There is no financial penalty written into the statute, and no withholding of state funds.
Driver’s Licenses and State ID
Indiana requires anyone applying for a driver’s license, permit, or state identification card to prove lawful status. The Bureau of Motor Vehicles uses the federal Systematic Alien Verification for Entitlements (SAVE) program to verify immigration status for all non-citizen applicants, and applicants presenting a foreign passport must provide additional documentation such as an I-94, U.S. visa, DS-2019, or I-20.8Indiana BMV. Systematic Alien Verification for Entitlements SAVE Program
Commercial driver’s licenses and commercial learner’s permits are limited to U.S. citizens and lawful permanent residents, and permanent residents must present a valid Form I-551 green card.8Indiana BMV. Systematic Alien Verification for Entitlements SAVE Program Indiana does not issue driver’s licenses to undocumented immigrants.
School Enrollment for Immigrant Children
Every public school in Indiana must enroll any child who lives in the district, regardless of immigration status. This is federal constitutional law from Plyler v. Doe, the 1982 Supreme Court decision that struck down a Texas law excluding undocumented children from public school and held that denying them an education violates the Equal Protection Clause.9Justia. Plyler v. Doe, 457 US 202 (1982) A school cannot condition enrollment on a child’s or parent’s immigration status, cannot require a Social Security number to register, and cannot report families to immigration authorities.
State Health Funding and Who Can Still Get Care
Indiana’s recent budget bill added a provision stating that certain state health funds “may only be used for Indiana residents who are legal citizens of the United States.”10Indiana State Budget Agency. House Enrolled Act No. 1001 Companion legislation later softened that language to “lawfully present,” which is broader and includes green card holders and many visa holders. How individual county health departments apply the restriction varies, so contacting the county directly is the only reliable way to know what services remain available.
Federally funded community health centers continue to provide primary care on a sliding fee scale based on income, and serve patients regardless of immigration status.11HealthCare.gov. Immigration Status to Qualify for the Marketplace
Interpreters in Indiana Courts
Indiana Code 34-45-1-3 gives any party to or witness in a civil proceeding who cannot speak or understand English the right to an interpreter throughout the proceeding.12Indiana General Assembly. Indiana Code 34-45-1-3 – Interpreters Entitlement The court provides the interpreter; the party is not required to bring one. In criminal cases, the right comes from the Due Process Clause and applies at every stage from arraignment through sentencing, at no cost to the defendant.
Workplace Discrimination Based on Status or National Origin
Federal law prohibits employers from discriminating against workers based on citizenship status or national origin during hiring, firing, or employment verification. The Immigrant and Employee Rights Section of the U.S. Department of Justice enforces these protections. Typical violations include refusing to accept valid I-9 documents, demanding specific documents based on how a worker looks or sounds, and retaliating against workers who assert their rights.13U.S. Department of Justice. Immigrant and Employee Rights Section
Workers in Indiana can file a charge by calling the DOJ Worker Hotline at 1-800-255-7688 (TTY: 711).13U.S. Department of Justice. Immigrant and Employee Rights Section These protections exist independently of Indiana state law.
Federal Rules That Catch People Off Guard
The 10-Day Address Change
Under 8 U.S.C. § 1305, every non-citizen in the United States must notify the government in writing of a change of address within 10 days of moving.14Office of the Law Revision Counsel. 8 USC 1305 – Notices of Change of Address The notice is filed with USCIS on Form AR-11. The duty covers lawful permanent residents, temporary visa holders, students, and anyone with a pending application; A and G visa holders and visa waiver visitors are exempt.15USCIS. Chapter 10 – Changes of Address
A post office change-of-address does not satisfy this requirement. Failure to report can be treated as a misdemeanor punishable by a fine of up to $200, up to 30 days in jail, or both, and can be cited as a factor in removal proceedings. If you have a pending case with USCIS, missing the deadline can also mean missing critical correspondence.
Federal Tax Filing and the ITIN
Non-citizens living in Indiana generally have federal tax filing obligations. Nonresident aliens engaged in a U.S. trade or business, or who have U.S.-source income where tax was not fully withheld, file Form 1040-NR. The deadline is April 15 for those with wages subject to withholding and June 15 for those without wages subject to U.S. withholding and no U.S. office or place of business.16Internal Revenue Service. Taxation of Nonresident Aliens
Non-citizens who need a tax ID but cannot get a Social Security number apply for an Individual Taxpayer Identification Number (ITIN) using Form W-7.17Internal Revenue Service. About Form W-7, Application for IRS Individual Taxpayer Identification Number A documented tax history can matter in later immigration proceedings as evidence of presence and financial responsibility.
Federal Penalties on Employers Who Hire Unauthorized Workers
Indiana’s state E-Verify penalties stop at contract termination and damages. Federal law reaches every employer in the state. Under 8 U.S.C. § 1324a, civil penalties for a first violation run from $250 to $2,000 per unauthorized worker, rising to $2,000 to $5,000 for a second offense and $3,000 to $10,000 for a third or later offense. Employers who engage in a pattern or practice of hiring unauthorized workers can face criminal prosecution, with fines of up to $3,000 per worker and up to six months in prison on conviction.18Office of the Law Revision Counsel. 8 USC 1324a – Unlawful Employment of Aliens These apply whether or not the employer holds a government contract.
Professional Licensing Before You Have an SSN
Indiana allows certain immigrants to obtain professional licenses before they have a Social Security number. Foreign nursing school graduates seeking a work visa can apply for a provisional nursing license by submitting their alien identification number, an affidavit confirming they are seeking a work visa, and documentation of an Indiana job offer. The provisional license lasts 180 days and costs $10.19Indiana General Assembly. Indiana Code 25-23-1-12.6 – Provisional License Requirements for Foreign Nursing School Graduates Once a Social Security number is issued through the work visa, the nurse provides it to the licensing board and the provisional license converts to a full one; if the number isn’t provided, the provisional license lapses. Other professions have their own documentation requirements, so applicants in other fields should check with the relevant Indiana licensing board directly.