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Sponsors say bill will force local cooperation with federal immigration enforcement; members press on due process and home-rule
Summary
House Bill 26 would withhold 10% of certain state funds from political subdivisions deemed to obstruct federal immigration enforcement. Sponsors said the bill enforces existing federal cooperation obligations; members asked about remedy periods, due process, qualified immunity, and fiscal impacts on counties and jails.
Representatives Josh Williams and Tex Fisher introduced House Bill 26, the Protecting Ohio Communities Act, which would require political subdivisions to cooperate with federal immigration enforcement and authorize the state to reduce discretionary local funding by 10% for jurisdictions found to obstruct federal immigration law.
Representative Williams told the committee that the bill would require local agencies to participate in federal programs, honor federal detainer requests "and otherwise to cooperate and comply with federal officials in the enforcement of federal immigration laws." He said the legislature may use the "power of the purse" to enforce compliance and described annual certification and an attorney-general review process for alleged noncompliance.
Members raised multiple concerns. Ranking Member Thomas and others pressed whether the statutory obligation to honor detainers would expose local officers to civil liability; sponsors responded that qualified immunity would protect officers acting in good faith. Several members urged a remedy period before funding penalties apply; sponsors said they were open to amendments introducing a transition or cure period.
Representatives also asked about due process protections for individuals detained under ICE detainer requests and what administrative resources counties would need to comply. Sponsors said existing federal and constitutional protections (probable cause standards, habeas remedies) remain in place and noted federal reimbursement typically covers detention costs when the federal government is the custodian.
No committee vote occurred; sponsors said they would consider drafting changes (including potential remedy windows) and would brief the committee on implementation mechanics and coordination with counties and federal partners.
