ACLU of Ohio Demands that Ohio Counties Holding ICE Detainees without Legal Authority Release Immigrants Immediately

Columbus, OH – Today the ACLU of Ohio sent a letter to nine Ohio sheriffs, warning that they lack the legal authority to hold immigrant detainees in county jails, per a new opinion from Ohio Attorney General Dave Yost. In his August 26 opinion, Yost made clear that only county commissioners – not sheriffs – have the power to execute contracts with U.S. Immigration and Customs Enforcement. Prior agreements between sheriffs and ICE are therefore invalid and hold no legal force. The ACLU of Ohio demanded the county sheriffs immediately release the immigrants who are being held unlawfully and immediately cease carrying out any unlawful immigration enforcement.

The letter was sent to sheriffs in Butler, Fairfield, Fayette, Geauga, Lake, Portage, Mahoning, and Seneca, as well as to the Executive Director of the Corrections Center of Northwest Ohio.

“Attorney General Yost has made abundantly clear that all county agreements with ICE must be authorized by the board of county commissioners. County sheriffs cannot bootstrap themselves into having this authority. Striking these agreements means there is no legal authority to hold the immigrants currently incarcerated in our county jails. The people detained under these invalid agreements are being held unconstitutionally and must be released immediately. It’s necessary to understand as well that there is no obligation for local counties to participate at all in federal immigration enforcement, and partnership with ICE does not improve public safety or protect our communities,” commented Freda Levenson, Legal Director for the ACLU of Ohio.

The ACLU of Ohio demands that the sheriffs release all detainees currently in custody without legal authority and cease all unlawful immigration enforcement actions.