127th General Assembly
(As Reported by S. State and Local Government and Veterans Affairs)
Sens. Cates, Mumper, Seitz, Schuring, Faber, Spada, Austria
BILL SUMMARY
· Authorizes a county sheriff, at the direction of the board of county commissioners and upon the request of federal immigration officials, to take custody of persons being detained for deportation or who are charged with civil violations of federal immigration law.
· Authorizes a county sheriff to render assistance to federal immigration officials, upon the request of those officials, in matters related to the investigation, apprehension, and detention of aliens who violate criminal or civil provisions of federal immigration law.
· Clarifies that state and local employees, when rendering assistance to federal immigration officials, may assist in the investigation, apprehension, and detention of aliens who violate criminal or civil provisions of federal immigration law.
CONTENT AND OPERATION
Ohio law generally provides that no state or local employee shall unreasonably fail to comply with any lawful request for assistance made by federal authorities carrying out the USA Patriot Act, any federal immigration or terrorism investigation, or any executive order of the President pertaining to homeland security. (R.C. 9.63.) Although this provision evidences a state-wide policy requiring state and local officials to cooperate with federal immigration officials who request assistance during a federal immigration investigation,[1] it does not confer any express enforcement authority on a county sheriff. A county sheriff, among other duties, has express authority to preserve the public peace within a county. (R.C. 311.07.) As explained in 2007 Op. Att'y Gen. No. 2007-018, a county sheriff's duty to preserve the public peace includes the concomitant authority to arrest and detain aliens who violate a criminal provision of federal immigration law.[2] Certain provisions of federal immigration law may subject an alien to criminal prosecution,[3] but other provisions involve civil penalties and civil administrative processes. Because civil violations of federal immigration law do not historically constitute a breach of the peace, a county sheriff's duty to preserve the peace has been construed to apply only to the enforcement of criminal immigration laws rather than civil immigration laws. (See, 2007 Op. Att'y Gen. No. 2007-018; 2007 Op. Att'y Gen. No. 2007-029.)
The bill, therefore, authorizes a county sheriff, upon the request of federal immigration officials, to render assistance to those officials related to the investigation, apprehension, and detention of aliens who violate criminal or civil provisions of federal immigration law. (R.C. 311.07(A).) A federal immigration investigation, under the bill, includes all activities of federal immigration officials related to the investigation, apprehension, and detention of aliens who violate criminal or civil provisions of federal immigration law. (R.C. 9.63(A).)
A board of county commissioners is authorized by current law to direct the sheriff to take custody of prisoners charged with or convicted of federal crimes. The bill expands this authority to include, upon the request of federal immigration officials, those persons being detained for deportation or charged with a civil violation of immigration law by federal immigration officials. (R.C. 341.21(A).)
Although state or local employees have general authority under current law to assist federal immigration authorities, the bill clarifies that they, in addition to county sheriffs, may assist in the investigation, apprehension, and detention of aliens who violate criminal or civil provisions of federal immigration law. (R.C. 9.63.)
HISTORY
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ACTION |
DATE |
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Introduced |
11-21-07 |
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Reported, S. State & Local Gov't & Veterans Affairs |
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s0260-rs-127.doc/kl
* This analysis was prepared before the report of the Senate State and Local Government and Veterans Affairs Committee appeared in the Senate Journal. Note that the list of co-sponsors and the legislative history may be incomplete.
[1] See generally, Ohio
Legislative Service Commission Final Analysis of S.B. 9 of the 126th General
Assembly at p.19.
[2] A board of county
commissioners may direct the sheriff to take custody of prisoners charged with
or convicted of federal crimes. Contractual arrangements may be made between
the county and the United States for the use of the jail at the expense of the
federal government. (R.C. 341.21.)
[3] For example, under 8
U.S.C. § 1304(e), failure to carry a certificate of alien registration or alien
registration receipt card may subject an alien to criminal sanctions. In addition, 8 U.S.C. § 1325 authorizes the
imposition of criminal penalties when an alien has entered or attempted to
enter the U.S. at any time or place other than as designated by immigration
officials.