Proposed Ohio legislation would defund jurisdictions that refuse to cooperate with federal immigration enforcement, setting up a potential showdown between the state and local authorities.
House Bill 26, the Protecting Ohio Communities Act, mandates all “political subdivisions” to comply with federal immigration laws, including participating in programs to share arrestee information with federal immigration authorities and honor federal detainer requests.
Jurisdictions that do not comply could lose federal homeland security funding and 10% of any Local Government Fund distributions they are set to receive. The legislation also mandates that jurisdictions file an annual report with the attorney general confirming compliance with the measure, should it become state law.
“It is imperative for state government to crack down on illegal immigration and protect working-class Americans from the harmful effects of illegal immigration,” state Rep. Josh Williams, R-Sylvania Township, said in prepared testimony. “To fight illegal immigration, our state must show a unified front. No cities, counties or municipalities should subvert federal immigration laws and incentivize increased illegal migration to our state.”
The legislation also adds a provision to state law mirroring federal law that makes some aliens ineligible for state or local public benefits. Under the measure, governments administering state or local public benefits must use the federal Systematic Alien Verification for Entitlements Program to verify a person’s benefit eligibility.
“As we all know, there has been a crisis of mass illegal immigration into our country over the past several years,” state Rep. Tex Fischer, R-Boardman, said in prepared testimony. “Over a five-year period from 2019 to 2014, over 11 million individuals have illegally entered the United States. It was one of the main points of emphasis this past fall in the election, and Ohioans spoke loudly and clearly on election day that the status quo on illegal immigration was unacceptable. Ohioans will not tolerate our state being a place where these laws are difficult to enforce because of these ‘Sanctuary Cities’ or ‘Welcoming Cities’ that are prioritizing illegal immigrants over their own citizens.
“The Protecting Ohio Communities Act will protect our hardest-working Ohioans and their families from the harmful effects of illegal immigration,” Fischer added. “We cannot have a system where communities that intentionally defy federal law are treated equally to those who work to enforce our reasonable immigration laws to the best of their abilities.”
Unsurprisingly, Democrats raised objections to the proposal. State Rep. Darnell Brewer, D-Cleveland, raised concerns about due process, a common refrain in the wake of the deportation of Kilmar Abrego Garcia.
“What about those ‘oops’ moments where the sheriff goes, picks someone up, the person is detained, maybe detained for a long period of time, loses their job and loses their benefits, things of that nature?” Ideastream quoted Brewer as saying. “Where is the due process to make sure we are not using it one—as a moneymaker, and two—just as a retaliation piece as well?”
Additionally, Democratic Columbus Mayor Andrew Ginther said Ohio’s capital city would not be helping the feds with immigration enforcement.
“We are not going to do the federal government’s job of immigration enforcement, just like we wouldn’t do federal tax enforcement either,” Ideastream quoted Ginther.
“We as a city are spending a huge amount of money on the Columbus Division of Police to fight crime and make our city safer, make our neighborhoods safer,” Ginther added. “The expectation of the taxpayers of Columbus is that officers are going to be in their neighborhoods going after violent criminals and helping to make them and their families safer, not to be doing immigration enforcement.”
