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IN HB1418

IN HB1418
Employing an unauthorized alien.


summary

Introduced
01/13/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Employing an unauthorized alien. Requires certain employers to use the E-Verify program to verify the work eligibility status of all employees of the employer hired after June 30, 2025. Prohibits an employer from intentionally doing the following: (1) Employing an unauthorized alien. (2) Entering a contract, subcontract, or an independent contractor agreement with a person: (A) to obtain the labor of an unauthorized alien in Indiana; or (B) that employs or contracts with an unauthorized alien. Specifies a process by which an individual may submit a complaint alleging a violation of these prohibitions. Requires the attorney general or the prosecuting attorney to: (1) investigate the complaint; (2) make a determination on the complaint; and (3) if the determination is made that the complaint is not false and frivolous, provide notice of the unauthorized alien to certain entities. Requires the prosecuting attorney to bring an action against the employer if the determination is made that the complaint is not false and frivolous. Specifies what the court must order if the court finds that an employer committed a violation. Specifies defenses and a rebuttable presumption.

AI Summary

This bill establishes new regulations for employers in Indiana regarding the employment of unauthorized aliens, requiring businesses with more than 24 employees to use the E-Verify program (an online system that helps employers confirm the eligibility of employees to work in the United States) to verify work status for all employees hired after June 30, 2025. The bill prohibits employers from intentionally employing unauthorized aliens or entering into contracts with individuals or businesses that employ unauthorized aliens. If a complaint is filed alleging a violation, the attorney general or prosecuting attorney must investigate, verifying the immigration status with the federal government. For a first violation, the court can order the employer to terminate unauthorized employees, place the business on a five-year probation, suspend business licenses for at least 10 days, and require the employer to file a sworn affidavit confirming they will not employ unauthorized aliens. A second violation can result in permanent revocation of business licenses. The bill provides several defenses for employers, including good faith compliance with federal employment verification requirements and potential entrapment. The legislation aims to discourage the employment of unauthorized workers by implementing significant penalties and creating a structured enforcement mechanism.

Committee Categories

Labor and Employment

Sponsors (2)

Last Action

First reading: referred to Committee on Employment, Labor and Pensions (on 01/13/2025)

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