The Ohio Senate voted Wednesday to approve Senate Bill 172, which prohibits local governments, courts, and officials from impeding the arrest or detention of individuals suspected of being in the United States unlawfully. The bill passed with a 23–8 margin and will now move on to the Ohio House for further consideration.
Authored by Republican Sen. Kristina Roegner, R‑Hudson, SB 172 is a response to recent directives issued by Franklin County Common Pleas Court judges. Those judges had barred Immigration and Customs Enforcement agents from arresting individuals without a judicial warrant in courthouses, a move Sen. Roegner cited as prompting this legislation.
There are three significant effects this bill will have on local officials. First, the bill emphasizes that no one suspected of being unlawfully present will be exempt from arrest or detention, even without a warrant. Second, all local governments will be forbidden from enacting rules, ordinances, or resolutions that limit cooperation with federal immigration authorities — even in traditionally protected spaces such as schools, places of worship, and courthouses. Lastly, local officials acting in “good faith” will be shielded from penalties, even if their actions override local governance policies.
Roegner stated in committee testimony: “Senate Bill 172 would provide much‑needed support for federal immigration authorities by requiring state and local public offices and public officials to allow the arrest or detention of undocumented individuals.
Sen. Andrew Brenner, R‑Delaware, said the bill underscores that “no one is above the law” and reinforces the primacy of the Constitution.
Supporters assert SB 172 will uphold federal authority and prevent what they view as judicial overreach. They cite the Franklin County ruling as an “abuse of power,” echoing criticism from U.S. Sen. Bernie Moreno, who accused local judges of defying federal law and endangering public safety.
Democratic senators vocally opposed the measure. Sen. Beth Liston, D‑Dublin, led the dissent, filing a motion to send the bill to the Judiciary Committee over worries of a constitutional clash between state legislative and judicial powers. She warned that “turning Ohio’s local officers into immigration agents will only sow fear in our communities, separate families, and make us all less safe”.
Sen. Paula Hicks‑Hudson (D‑Toledo) called the bill “an abomination,” asserting that “we should not vilify our neighbors who come here searching for a better life on suspicion of their status.” She warned the law would force citizens to “carry their passports to prove their citizenship”.
Senate Minority Leader Nickie Antonio (D‑Lakewood) criticized the bill for conflating immigration with criminality: “The vast majority of immigrants are hardworking, law‑abiding individuals, we conflate immigration with criminality—painting entire communities with the actions of a few, and removing their due process rights along the way”.
Civil‑rights groups amplified those concerns. The ACLU of Ohio warned that SB 172 “can be interpreted as granting local and state law enforcement broad authority to enforce federal immigration laws absent any formal agreement or arrangement with the federal government”. The organization cautioned the measure could entangle localities in federal immigration enforcement and potentially violate separation‑of‑powers safeguards.
With the Senate’s passage, SB 172 advances to the Ohio House. If approved there and signed by Gov. Mike DeWine, the bill would nullify judicial and municipal protections, likely impacting local jurisdictions and courthouses across Ohio.
Supporters say it clarifies cooperation with federal authorities. Opponents warn it risks eroding constitutional protections, undermining local autonomy, and intimidating immigrant‑serving institutions like schools, churches, and hospitals.
If enacted, SB 172 would significantly shift Ohio’s immigration enforcement landscape, tightly binding local officials to federal priorities and curbing established local discretion.
