The Indiana Senate passed a bill that would block any attempts to detain people on Indiana soil without due process Thursday afternoon.

The Prohibition on Aiding the Enforcement of Unconstitutional Laws Act (SB400) passed 31-17. All but one Senate Democrat reportedly voted against the bill, with six Republicans joining the dissent.

If the bill becomes law, a “state actor may not investigate, prosecute, or detain any person lawfully in Indiana under a state or federal law that the state actor knows or reasonably should know deprives a person of life, liberty, or property without a fair proceeding in violation of the Due Process Clause of the United States Constitution or the Due Course of Law Clause of the Constitution of the State of Indiana.”

The legislation not only prohibits state cooperation with indefinite detention without due process under the National Defense Authorization Act, it also covers any such attempts under any other act.

An amendment was approved on the Senate floor during the second reading that would make violation of the act a class A misdemeanor.

A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).

Sen. Jim Banks (R-Columbia City) sponsored the bill.

“As evidenced by recent legislation, the federal government has sacrificed the liberty of its citizens on the altar of national security,” he said in a statement. “As a state, we’re obligated to defend our citizens, and to do that, we must be proactive in preserving essential freedoms. For that reason, I feel it’s vital that we implement this legislation.”

The bill now moves to the House of Representatives. Rep. Jud McMillin (R-Brookville), Rep. Mike Speedy (R-Indianapolis) and Rep. Thomas Washburne (R-Inglefield) will take up the cause in the House.

 ACTION ITEMS for Indiana residents:

1. Contact your state representative. Strongly, but respectfully, urge him or her to vote YES on SB400.  Let them know that you see “indefinite detention” as a direct attack on your liberty and on the Constitution.

Contact your legislator here:

2. Contact the House sponsors. Ask them what you can do to help.

Jud McMillin
Mike Speedy
Thomas Washburne

Contact info here:

3. Encourage your local community to take action as well. Present the Liberty Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action present a great way to strengthen a statewide campaign against NDAA indefinite detention

Model legislation HERE.


If you live anywhere outside of Indiana, please contact your own legislators regarding anti-NDAA legislation. If none has been introduced in your state, you can email them The Liberty Preservation Act model legislation.

Track the status of NDAA nullification in states around the country HERE

 Here is a breakdown of the vote in the Senate:

YES: Alting, Banks, Becker, Boots, Bray, Buck, Delph, Eckerty, Grooms, Head, Holdman, Kruse, Leising, Long, Merritt, Pat Miller, Pete Miller, Mishler, Nugent, Paul, Schneider, Smith, Steele, Tomes, Walker, Waltz, Waterman, Wyss, R. Young, R. Young, Zakas

NO: Arnold, Breaux, Broden, Charbonneau, Crider, Glick, Hershman, Hume, Kenley, Lanane, Landske, Mrvan, Rogers, Skinner, Stoops, Tallian, Taylor

NOT VOTING: Randolph


Mike Maharrey

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