1. (a) This subsection does not apply to the hiring, recruitment, or employment of an unauthorized alien that occurred before July 1, 2026. Except as provided in subsection (c), it is unlawful for an employer to knowingly or intentionally recruit, hire, or continue to employ an unauthorized alien in Indiana.

2. (b) For purposes of this chapter, "reasonable diligence to confirm the work eligibility of an individual" includes:

   1. (1) utilizing an electronic verification of work authorization program operated by the United States Department of Homeland Security to verify the work eligibility of an employee, except where the circumstances under which the verification was made would have put a reasonable person on notice that the verification was unreliable or of limited reliability; or
   2. (2) engaging in diligence to confirm work eligibility of an individual in a manner that is consistent with industry standard best practices.
3. (c) An employer is not in violation of subsection (a) if the employer engaged in reasonable diligence to confirm the work eligibility of an individual before recruiting, hiring, or continuing to employ the individual.

As added by P.L.106-2026, SEC.16.