🚨 Indiana’s Arrest-to-Deportation Pipeline: HB 1393
Keep reading to learn how HB 1393 would create an arrest-to-deportation pipeline and why it threatens due process and constitutional rights for all Hoosiers.
TL;DR
Two anti-immigrant bills, HB 1393 and HB 1114, have passed both chambers and are now headed to Governor Braun’s desk.
HB 1393: Requires jails to report people to ICE based on vague "probable cause," before they’ve even been charged with a crime.
HB 1114: Increases penalties for driving without a license and creates a new penalty for anyone who gets a title for their car with the intent to allow it to be driven by someone who is not entitled to a driver's license.
We break it all down in the full post. Also, If you're ready to get more involved, especially if you’ve ever thought about running for office, join us for our upcoming Precinct Committee Person + Intro to Running for Office Training!
📅 Saturday, April 26 | ⏰ 10AM–2PM
📍 IBEW Local 481, 1828 N Meridian St, Indianapolis
House Bill 1393
If signed into law, this bill would require a jail or detention facility to notify ICE if they have probable cause to believe that a person is in the country without authorization, ICE would be notified after the person has been arrested but before they’ve been charged with a misdemeanor or felony.
Deported Before Being Charged With A Crime
In Indiana, criminal charges are filed after a Prosecutor’s Office decides there’s enough evidence to move forward. Arresting officers, county jails, and booking staff don’t press charges—that decision comes from the Prosecutor.
HB 1393 flips that process on its head. This bill would trigger ICE involvement before any formal charges are filed, meaning someone could face detention or deportation without ever being charged with a crime.
The bill passed out of the Senate Chamber on Mon., March 24, 2025. You can watch the hearing by clicking on this link → then click on “Senate Chamber Meetings” → select “Monday, Mar. 24.” Discussion on on HB 1393 starts at the 1:11:38 mark.
But what is “Probable Cause"?
Well, the bill doesn’t define “probable cause.” As previously articulated by allies:
“When government officials are generally trying to identify people who are not lawful immigrants, absent specific information about a specific individual, the search relies almost exclusively on racial and linguistic stereotypes. This law will significantly increase the existing profiling of Hoosiers based on their race and/or English proficiency.”
HB 1393 will dramatically increase profiling based on race, accent, and language. Let’s see this at play, using the hypothetical scenario below:
Arrest-to-Deportation Pipeline
A. The Traffic Stop
Let’s say I’m a U.S. citizen. But maybe I lost my wallet and don’t have my driver’s license on me—or I’ve just never gotten a state-issued ID. I’m eligible, I just haven’t gotten around to it.
I’m also of Mexican descent and grew up speaking both English and Spanish. I’m driving, listening to music in Spanish, when I get pulled over for an alleged misdemeanor. In Indiana, a traffic misdemeanor could include:
Swerving in and out of traffic
Driving without a license
Driving under the influence
Let’s say the officer claims I was swerving, and because I don’t have a license or any form of ID on me, the officer can’t verify my identity.
B. Arrest and County Jail
Even though I haven’t been charged with a crime, I’m arrested and booked into the county jail based on the officer’s report, which alleges that I was:
Swerving in and out of traffic, and
Driving without a license.
Because I don’t have a license or state-issued ID, it’s now on me to convince the booking officers that I’m a U.S. citizen. I’m nervous—my accent is a little more pronounced—and overall, it’s not going great.
From there, the booking officers decide there’s probable cause to believe I’m in the U.S. without authorization. Under HB 1393, they’re now required to contact ICE. ICE comes, picks me up, and transfers me to another county jail. Maybe it’s that one jail in New Jersey getting a recent expansion.
All of this happens before I’ve even been charged with the initial traffic-related offenses. Now, I’m in federal custody, and removal proceedings, deportation have already begun.
C. Removal Proceedings → Deportation
While in ICE custody, an officer notices my tattoos—my sisters’ names and a rosary, a tribute to my Catholic faith. I’m accused of being a gang member. Before I can defend myself, I’m labeled a terrorist, which strips me of the right to see an immigration judge. The next day, I am put on a plane leaving the US, heading to either El Salvador or Guantánamo Bay.
No Charges → No Hearing → No Due Process
Under both circumstances, I was denied an opportunity to prove my innocence on any of the alleged crimes because I was removed from the country before any official charges were even filed:
For the alleged traffic offenses, I was transferred out of the county before a Prosecutor’s Office determined whether criminal charges were actually warranted.
For the alleged gang-related offenses, the federal administration didn’t think I deserved a hearing before my deportation, citing the “Alien Enemies Act.”
As reported by the Prison Policy Initiative:
“traffic stops remain the most common reason for police-initiated contact across all demographics.”
So what now? Are we all expected to carry proof of citizenship or “papers” just to avoid being swept up in scenarios like this?
We refuse to normalize such hatred and disdain for our communities, and we denounce any attempts to override constitutional safeguards afforded to everyone in this country.
House Bill 1114
If signed into law, this bill would increase criminal penalties for driving without a license and create a new criminal penalty for anyone who gets a title for their car with the intent to allow it to be driven by someone who is not entitled to a driver's license. The penalties increase if the vehicle is titled through a nonprofit.
This bill passed out of the Senate Chamber on Mon., March 24, 2025. You can watch the hearing by clicking on this link → and under the “Senate Chamber Meetings” → select “Monday, Mar. 24.” The discussion on HB 1114 starts at the 43:15 mark.
What Happens Next?
Now that both HB 1393 and HB 1114 have cleared both chambers, absent major changes, they will head to Governor Mike Braun’s desk to be signed into law.
Tracking these anti-immigrant bills has made for a long couple of months, but staying vigilant, knowing who’s behind these harmful proposals, and paying attention to who’s voting for them is one of the most important things we can do right now.
Interested in Running For Office?
We are calling on all young, progressive, Latino and diverse individuals who have ever considered running for office or who are interested in learning about the inner workings of the Democratic Party in Indiana.
✅ INLDC’s Precinct Committee Person and Intro to Running for Office Training 📅 Saturday, April 26 | ⏰ 10AM–2PM
📍 IBEW Local 481, 1828 N Meridian St, Indianapolis
What’s a Precinct? And what does a Precinct Committee Person do?
A precinct is the smallest political unit, often, it’s your neighborhood. Each precinct is represented by a Precinct Committee Person (PC or “chair”). These positions are either elected or appointed, but because the process isn’t widely known, many positions remain vacant.
At this training, we’ll cover the basics, from how to run for a PC position, what it means to serve in this role and how it is one of the most powerful ways to impact the Democratic Party.
If you’ve ever felt frustrated or left out by establishment leadership, this space is for you. Come learn how you can help shape the party from the ground up. ¡Nos vemos!
Me da coraje con estos politicos.