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ACLU warns Senate bill could authorize local enforcement of federal immigration laws and intrude on judicial authority
Summary
Gary Daniels of the ACLU of Ohio opposed Senate Bill 172, saying the measure could be read to allow state and local law enforcement to enforce federal immigration law, create constitutional risks around ICE detainers and intrude on judicial authority; the committee later voted 4–2 to report SB 172 to Rules and Reference.
The committee heard opponent testimony on Senate Bill 172 from Gary Daniels of the ACLU of Ohio. Daniels said the bill, as drafted, could be interpreted to authorize state and local law enforcement to enforce federal immigration laws, including making arrests or detentions based on immigration status, and warned that such authority raises separation-of-powers and constitutional concerns.
Daniels described how ICE detainer requests can ask local jails to hold individuals up to 48 hours after they would otherwise be released and argued that holding someone without a warrant on the sole basis of a detainer request can expose local governments to lawsuits and damages. He urged the committee to amend SB 172 to limit its scope and to avoid encroaching on judicial rules and courtroom procedures.
After the testimony, Vice Chair Wilson moved to favorably report SB 172 to the committee on Rules and Reference. On a roll call the motion passed 4–2: Chair Johnson — Yes; Vice Chair Wilson — Yes; Ranking Member Weinstein — No; Senator Craig — No; Senator Patton — Yes; Senator Schaffer — Yes.
