HB 1422

                                                            Introduced Version
           HOUSE BILL No. 1422
                 _____
               DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-13-21; IC 5-35.7.
Synopsis: Immigration matters. Requires certain state agencies to give
hiring preference to an individual who is a citizen or national of the
United States over another individual who is an alien if the two
individuals are equally qualified. Provides that the state agencies may
not sponsor an individual for a new H-1B visa after July 1, 2026, unless
certain information is submitted to the attorney general and the attorney
general approves the state agency sponsoring the individual. Requires
the state agencies to prepare and submit a report that includes certain
information regarding each employee the state agency sponsored for a
new H-1B visa during the immediately preceding state fiscal year.
Requires the attorney general to post the reports on its website.
Prohibits the state or a political subdivision from directly or indirectly
funding services related to an immigration proceeding to an individual
with unlawful status or to an entity that is a party to a legal action for
the purpose of challenging, obstructing, or delaying the enforcement of
certain federal immigration laws. Provides a private right of action for
a violation of this prohibition.
Effective: July 1, 2026.
                      Payne, Ireland
   January 8, 2026, read first time and referred to Committee on Government and Regulatory
Reform.
2026  IN 1422—LS 7033/DI 149
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1422
    A BILL FOR AN ACT to amend the Indiana Code concerning state
 and local administration.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 4-13-21 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]:
4    Chapter 21. Employment Practices of State Agencies and
5 Reporting
6    Sec. 1. Except as provided in section 2 of this chapter, the
7 definitions in 8 U.S.C. 1101 apply throughout this chapter.
8    Sec. 2. As used in this chapter, "attorney general" means the
9 office of the attorney general created by IC 4-6-1-2.
10    Sec. 3. As used in this chapter, "state agency" means:
11      (1) an authority, a board, a branch, a commission, a
12      committee, a department, a division, or another
13      instrumentality of the executive, including the administrative,
14      department of state government; or
15      (2) a state educational institution (as defined in
16      IC 21-7-13-32).
17    Sec. 4. A state agency shall give hiring preference to an
 2026  IN 1422—LS 7033/DI 149
                                  2
1 individual who is a citizen or national of the United States over
2 another individual who is an alien if the two (2) individuals are
3 equally qualified.
4    Sec. 5. A state agency may not sponsor an individual for a new
5 H-1B visa after July 1, 2026, unless the following conditions are
6 met:
7      (1) The state agency submits information to the attorney
8      general, in a manner and form determined by the attorney
9      general, that demonstrates the following:
10(A) The state agency will not pay the potential H-1B visa
11employee less than the required wage rate under 20 CFR
12655.731.
13(B) The working conditions of the potential H-1B visa
14employee will not adversely affect the working conditions
15of employees similarly employed in the area of intended
16employment, as required under 20 CFR 655.732.
17      (2) The attorney general approves the state agency sponsoring
18      the individual for a new H-1B visa based on the information
19      provided under subdivision (1).
20    Sec. 6. Not later than July 1, 2027, and not later than July 1 of
21 each year thereafter, each state agency shall do the following:
22      (1) Prepare a report that includes the following information
23      regarding each employee the state agency sponsored for a new
24      H-1B visa during the immediately preceding state fiscal year:
25(A) The employee's employment title and salary.
26(B) A description of the employee's employment position,
27including the qualifications required for the employment
28position.
29(C) The total number of citizens and nationals of the
30United States who applied for the employment position
31described in clause (B).
32      (2) Submit the report prepared under subdivision (1) to the
33      attorney general.
34    Sec. 7. The attorney general shall post reports received under
35 section 6 of this chapter on the attorney general's website.
36    SECTION 2. IC 5-35.7-1-4.5 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2026]: Sec. 4.5. As used in this article,
39 "individual with unlawful status" means an individual who is not
40 a:
41      (1) citizen or national of the United States; or
42      (2) qualified alien (as defined in 8 U.S.C. 1641).
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                                   3
1     SECTION 3. IC 5-35.7-4-4 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]: Sec. 4. (a) Except as provided in subsection (c), neither the
4 state nor a political subdivision (as defined in IC 36-1-2-13) may
5 directly fund services or provide a grant or other funding to an
6 entity that:
7(1) provides services to or on behalf of an individual with
8unlawful status in connection with an immigration
9proceeding; or
10(2) is a party to a civil action, administrative proceeding, or
11other legal process for the purpose of challenging,
12obstructing, or delaying the enforcement of federal
13immigration laws with respect to an individual with unlawful
14status.
15     (b) The following may bring an action for injunctive relief based
16 on a violation of subsection (a):
17(1) The attorney general.
18(2) An individual.
19  An individual who prevails in an action under this subsection is
20 entitled to reasonable attorney's fees and court costs.
21     (c) This section does not apply to expenses incurred in
22 connection with a criminal or juvenile delinquency proceeding,
23 including public defender services.
 2026  IN 1422—LS 7033/DI 149