CLEVELAND — We’ve told you about state legislation that mirrors President Donald Trump’s immigration policies. But now, one Senate bill goes a step further—it would allow law enforcement to detain people suspected of being undocumented.
For immigration attorney Evan Hunt, it's been a busy year.
“Yes, especially since the Trump Administration has taken over, we've seen more clients and really more people just calling in and emailing for information,” said Hunt.
He says bills like Senate Bill 172 are part of what’s keeping their office swamped.
“I think if people weren't already scared, this is going to make the rest of them be in fear,” said Hunt.
Senate Bill 172—titled by Republicans as "Specify persons unlawfully present are not privileged from arrest"—is co-sponsored by State Senator Jerry Cirino.
“I think we just want to make sure that there is no obstruction toward the proper adjudication of immigration laws in the State of Ohio,” said Cirino.
The bill would allow local and state law enforcement to detain or arrest people suspected of being undocumented, without a warrant and without a federal agreement.
"A policeman can decide whether or not to arrest you or whether to not give you a ticket. They have that discretion, and the idea is that they should use reasonably good judgment," Cirino said. "So, I think there's a way to do this that is not intrusive, that is not quote 'Gestapo-like.'"
The bill would also require state and local law enforcement's cooperation with federal immigration agencies. Cirino says it promotes law and order. Hunt says it opens the door to civil rights abuses.
“I think that this is going to increase human rights violations that are going to happen in the State of Ohio. It's going to have a negative impact on trust with law enforcement and with the government itself,” said Hunt.
Hunt says the bill, if passed, will likely end up in court.
“So this specific bill is just, it's so broad, and it's so blatantly unconstitutional that, you know, being able to just go out and arrest someone,” said Hunt.
News 5 asked Cirino about the bill being labeled unconstitutional.
“Well, we passed many laws, whether it's education or immigration or any number of things in the budget that many claim that they're unconstitutional," said Cirino.
Cirino argues that undocumented immigrants should face consequences if they don’t follow the legal path.
“There's a process to go through, following the law, and it's difficult and it's a long road, but citizenship should not be something that is granted, you know, with a quick stamp of approval,” said Cirino.
But Hunt worries about the effect SB172 could have—not just on his clients, but on entire communities.
“Just that this is going to make a vulnerable population more vulnerable if someone has witnessed a crime. Now, they're not going to be coming forward and helping in the judicial process because then, they're just going to get pulled into a whirlwind," said Hunt.
The bill has already cleared the state senate—it now heads to the house for review.
