House lawmakers are considering a Republican-sponsored bill that would require cities in Ohio to cooperate with immigration officials and if they don鈥檛, they could lose funding from the state.
鈥淭o fight illegal immigration, our state must show a unified front,鈥� said Rep. Josh Williams (R-Sylvania), a sponsor of .
鈥淚t requires a local law enforcement agency to participate in federal programs to share information about arrestees with federal immigration authorities,鈥� Williams said in a first hearing on the bill. 鈥淚t requires a law enforcement agency to honor federal detainer requests regarding persons who are unlawfully present in the U.S. and otherwise, to comply and cooperate with federal officials in the enforcement of federal immigration laws.鈥�
The legislation also prohibits communities from providing benefits to undocumented immigrants. If a city or county violates this law, it runs the risk of losing state funds.
鈥淭he legislature has the power of the purses. The Supreme Court has confirmed that,鈥� Williams said.
Rep. Darnell Brewer (D-Cleveland) has some concerns about whether the bill allows due process.
鈥淲hat about those 鈥榦ops鈥� 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?鈥� Brewer said. 鈥淲here is the due process to make sure we are not using it one鈥攁s a moneymaker, and two鈥攋ust as a retaliation piece as well?鈥�
Williams said due process does not trigger until the government is trying to take away life, liberty or property. Before that, he said the prohibition about unreasonable searches and seizures that comes into play. He said there are substantial protections for Americans.
Opposition expected from leaders of cities
The bill is certain to get pushback from some cities in Ohio where immigration issues are viewed differently. Columbus has been operating under a 2017 executive order that says city resources will not be used by other government entities unless a crime has been committed.
鈥淲e are not going to do the federal government鈥檚 job of immigration enforcement, just like we wouldn鈥檛 do federal tax enforcement either,鈥� said Columbus Mayor Andrew Ginther, a Democrat who signed that order when he took office. 鈥淲e 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. 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.鈥�
Ginther, who also serves as the president of the U.S. Conference of Mayors, wouldn鈥檛 answer what the city would do if this bill passes, saying that question is 鈥渉ypothetical.鈥� But he said Columbus is safer because more guns are off the streets and the city has one of the lowest levels of homicides in twenty years.
鈥淭he last thing that we want to do is take our eye off the ball. We need to stay focused on making our city safer, stronger and healthier and that鈥檚 what we are going to do in Columbus,鈥� Ginther said.
HB 26 has had its first hearing with sponsor testimony. It has yet to hold a hearing for opposition.