Indiana compliance risks rise as federal deportation efforts expand: what noncitizens and employers must do now (Feb. 13, 2026)
Requirement (who it applies to): If you are a noncitizen living in Indiana—including many Indian nationals on F-1, H-1B, H-4, or pending adjustment filings—you must comply with federal immigration status requirements and carry proof of status. Separately, Indiana employers and local government entities may face heightened state-level cooperation and worksite enforcement pressure as the Trump administration’s deportation push intensifies.
This article explains the practical compliance issues that tend to trigger ICE attention in cooperative states, the federal legal authority behind removal enforcement, and how Indiana’s proposed and existing measures may raise day-to-day risk.
Indiana’s alignment with federal deportation efforts (overview)
Indiana has positioned itself as a central partner in federal mass deportation efforts. This reflects a wider pattern of red-state support for federal immigration enforcement. In practice, state-federal cooperation can increase the frequency of arrests at jails, during traffic stops, and after workplace leads. Even when federal law controls removability, state cooperation can affect how quickly ICE identifies and detains someone.
Official statements shaping enforcement expectations
Recent DHS leadership messaging frames enforcement as a mandate and signals a shift of operational resources to cooperative states.
- DHS (Feb. 10, 2026) publicly criticized judicial limits on deportation activity and emphasized readiness to litigate enforcement disputes.
- Tom Homan (Feb. 12, 2026) indicated that after operations elsewhere, resources would move toward states viewed as cooperative with enforcement.
- Secretary Kristi Noem (Jan. 20, 2026) highlighted Indiana as a partnership model, including detention capacity expansion.
These statements do not change the statute. But they often correlate with enforcement priorities and tempo.
Legal authority: what federal law already requires
Removal and detention authority comes primarily from the Immigration and Nationality Act (INA) and implementing regulations.
Key provisions include:
- Removability grounds: INA § 237 (deportable) and INA § 212 (inadmissible).
- Arrest and detention authority: INA § 236 (arrest/detention pending removal) and INA § 241 (post-order detention).
- Employment verification: INA § 274A (Form I-9 obligations; unlawful hiring).
- Address reporting: 8 C.F.R. § 265.1 (address reporting duty for most noncitizens).
Two compliance points matter in daily life:
- Status compliance (do not violate the terms of admission).
- Document and information compliance (keep records accurate and accessible).
Warning: State cooperation does not create new federal immigration duties. It can increase the odds that a small compliance issue becomes a detention event.
What compliance requires in practical terms (noncitizens in Indiana)
1) Maintain lawful status (or a defensible pending posture)
In cooperative enforcement environments, ICE encounters often follow routine interactions. Small status gaps can become decisive.
Common risk areas for Indian nationals include:
- F-1 students: unauthorized employment, reduced course load without authorization, or SEVIS termination.
- H-1B workers: working outside the approved employer, location, or job duties without an amended petition when required; being “benched” without pay can raise wage compliance issues.
- H-4 dependents with EAD: working after EAD expiration or after loss of underlying eligibility.
- Pending adjustment (I-485): travel without Advance Parole (when required) or missed biometrics/interviews.
If you are out of status, you may still have options. Those options are fact-specific and time-sensitive.
2) Keep your address current with USCIS when required
Most noncitizens must report a change of address within 10 days under 8 C.F.R. § 265.1. Many people satisfy this by filing Form AR-11 online through USCIS. Students should also update their school’s DSO promptly for SEVIS purposes.
Deadline: Change-of-address reporting is typically due within 10 days of moving. Missing this can compound problems if you later receive a hearing notice or request for evidence at an old address.
3) Carry and preserve proof of lawful presence
Indiana’s enforcement climate makes it more important to have quick access to proof of status. Examples include:
- I-94 record, approval notices (I-797), and unexpired passport/visa.
- EAD card (if applicable).
- I-20 with valid travel signature (F-1) or DS-2019 (J-1).
Carrying originals is not always practical. Many attorneys recommend carrying copies and keeping a secure digital set.
4) Take any Notice to Appear (NTA) or hearing notice seriously
Removal proceedings are run by EOIR immigration courts. Missing a hearing can lead to an in absentia removal order. Motions to reopen exist, but deadlines and standards can be strict.
Indiana policy actions: how compliance pressure may rise
SB 76 and mandatory detainer cooperation
Indiana’s SB 76, advanced Feb. 10, 2026, would require broad cooperation with federal enforcement. As described, it includes mandatory detainer honoring for up to 48 hours past scheduled release.
Detainers are not the same as removal orders. A detainer is a request. But when honored, it can shift someone from a local release to ICE custody. That transition can limit access to family support and can accelerate deportation timelines.
Civil penalties and Attorney General enforcement
SB 76 also describes civil penalties up to $10,000 per violation for noncompliant government entities, enforced by the Indiana Attorney General. It further contemplates worksite investigations and employer lawsuits for knowing hires of unauthorized workers.
Executive Order 25-29 and detention expansion
Indiana’s Executive Order 25-29 (Jan. 2025) directs state agencies to support federal immigration policies. Detention capacity has also been a focus, including up to 1,000 beds at the Miami Correctional Facility and use of Camp Atterbury for temporary housing.
Warning: Expanded detention space can change bargaining leverage in many cases. It may also increase the number of people held during proceedings, even when relief might be available.
Key Indiana statistics (context for compliance planning)
Available reporting indicates:
- 2,804 immigration arrests in Indiana as of late 2025, roughly double 2024’s total of 1,395.
- The share of arrestees with criminal convictions reportedly dropped to 38% from 45% in 2024.
- Bartholomew and Jackson counties reportedly saw deportations nearly quadruple in the first ten months of 2025.
Statistics do not predict individual outcomes. They can signal where enforcement is expanding beyond serious-crime cases.
Deadlines, filing requirements, and high-stakes paperwork
Deadline: If you receive an NTA, read it immediately. Track the first hearing date. If the date is “TBD,” you still must update your address and monitor EOIR notices.
Employer compliance reminders:
- Complete Form I-9 accurately and on time under INA § 274A.
- Avoid selective re-verification or document demands that can trigger discrimination claims.
- If you receive an ICE Notice of Inspection, contact counsel immediately.
Consequences of non-compliance
- Detention under INA § 236 or INA § 241.
- Removal proceedings and possible removal orders.
- Bars to admission depending on unlawful presence and prior orders.
- Employment consequences for employers, including civil penalties and operational disruption.
- Collateral impacts on travel, driver’s license eligibility, and future benefits filings.
Exceptions and possible defenses (case-specific)
Some individuals may have relief or defenses, such as asylum (INA § 208), withholding (INA § 241(b)(3)), CAT protection, cancellation (INA § 240A), or suppression arguments in limited circumstances. Eligibility depends on facts and, at times, circuit law.
Attorney review is especially important if you have any arrest history, prior removal order, or prior visa overstay.
Where to verify official information
For primary, official updates, use:
⚖️ Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Consult a qualified immigration attorney for advice about your specific situation.
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