A Milwaukee, Wisc., judge who allegedly helped someone in the country illegally evade arrest sparked a bevy of opinions and federal charges.
The feds charged Milwaukee Circuit Court Judge Hannah Dugan with obstructing an official proceeding.
However, it wasn’t the only instance of a judge possibly taking extrajudicial action to flout federal immigration law. A state senator wants to ensure it doesn’t happen in Ohio.
Ohio state Sen. Kristina Roegner, R-Hudson, said Senate Bill 172 was drafted in response to new rules the Franklin County Court of Common Pleas implemented earlier this year. The legislation has been referred to the Ohio Senate’s Armed Services, Veterans Affairs, and Public Safety Committee, which held its first hearing on the measure.
Franklin County’s Local Rule 111 bans civil arrests without a judicial warrant on courthouse grounds. Local Rule 112 forbids arrests by judicial warrant in courtrooms, except when enforcement agencies have requested and received a judge’s written approval.
“These changes, passed on an emergency basis, come in response to increased immigration enforcement on courthouse grounds in the last 30 days,” the court said in a release earlier this year. “Courts have a unique Constitutional responsibility to protect due process and access to justice on behalf of the entire public.
“That mission is jeopardized when victims, witnesses, and defendants are afraid to come to the courthouse to testify and participate in ongoing cases, fearing civil arrest and deportation from courthouse grounds,” the court added. “That jeopardy affects the fairness of trials and other court proceedings for citizens and non-citizens alike, directly intruding on the Court’s own core responsibilities for due process and public safety.”
While federal authorities have ramped up enforcement of immigration laws, liberals have pushed back, particularly objecting to immigration enforcement in courthouses.
“These rules were designed to prohibit Immigration and Customs Enforcement agents, and assisting law enforcement, from arresting or detaining individuals who are unlawfully present in the United States,” Roegner said in prepared testimony to the committee.
As proposed, the measure would require state and local public officials to allow authorities to arrest someone suspected of being in the United States illegally or for other immigration-related purposes or proceedings. It would also enable arrests or detentions to happen anywhere in the state and under any circumstances, notwithstanding laws that specifically bar arrests in certain instances.
“With some of the stories that have come out about immigrants who have been wrongfully detained or even wrongfully renditioned out of the country, I was just curious what your thoughts are on protections for legal residents — legal immigrants — who may feel concerned that they could be wrongfully targeted in this?” the Ohio Capital Journal quoted state Sen. Casey Weinstein, D-Hudson.
“So yeah, will mistakes happen? Probably, yes, they happen all the time,” the publication quoted Roegner as saying in response. “But they can be cleared. They can say, ‘yep, no, I’m a legal immigrant, and here’s my paperwork,’ and they can prove that they’re here rightfully.”
The measure would also apply to arrests or detentions conducted by a federal, state, or local law enforcement agency or officer, with or without a warrant, regardless of whether the proceedings are administrative, civil, or criminal in nature.
“This would be a step in the right direction in ensuring the safety of the residents of Ohio and assisting federal law enforcement acting in good faith to protect Americans and carry out their sworn duties,” Roegner said.
According to an Ohio Legislative Service Commission analysis, the “bill has no direct fiscal effect on the state or its political subdivisions.”
