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Ohio lawmakers propose series of immigration enforcement bills to limit, expand federal power

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CINCINNATI — Ohio House Republicans have introduced several bills to change how Immigration and Customs Enforcement (ICE) and other Department of Justice agents can enforce immigration law amid federal surges in cities like Minneapolis.

Lawmakers like Republican Warren County Rep. Adam Mathews back the bills, at least in principle, as they could change before final passage.

"We have seen in Minnesota, Minneapolis and many areas that when local cities and states do not cooperate with the federal government, things get out of hand," Mathews said.

HB 26 mandates local law enforcement in cities like Cincinnati report to federal agencies if they have suspicion a person in their custody is not in the U.S. legally, detain them until the person can be processed into federal custody and "otherwise cooperate and comply with federal officials in the enforcement of immigration law."

HB 281 would make it easier for federal officials to conduct immigration enforcement in sensitive areas like hospitals.

That provision raised concern for Cincinnati immigration attorney Neil Fleischer.

WATCH: We talk with lawmakers and an immigration attorney about pending legislation

Ohio lawmakers propose a series of immigration enforcement bills

"There will be a chilling effect," Fleischer said. "People may not go to the hospital when they need medical help."

Mathews said he wanted to ensure the bill is properly scrutinized before it gets approval.

"I want to make sure that that legislation is vetted properly so our immigration laws are fully enforced while those that may need life-saving support get care," Mathews said.

HB 200, named the America First Act, has similar law enforcement provisions to HB 26, but adds a series of lines making undocumented status a state crime at either the misdemeanor or felony level.

We asked lead sponsor Gary Click, R-Toledo, why it was important to criminalize status at the state level.

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"We want to be a state that says, 'We are partnering with federal law enforcement. We are streamlining the process, and if you're going to come to this country illegally, you don't want to come to this state,'" Click said.

Fleischer told us there would likely be a long path for these bills to take before they could be fully enforced, even if passed and signed by Gov. Mike DeWine.

"I would expect many lawsuits if this were to pass," Fleischer said.

All three bills have been introduced and will have to be considered in committee.

Democrats have introduced their own eight-bill immigration enforcement package, though their proposals face a steep uphill battle with Republicans holding a super-majority in the legislature.

In a press conference Tuesday morning, Hamilton County Democrats laid out their vision for the package.

Rep. Cecil Thomas, D-Cincinnati, Rep. Karen Brownlee, D-Symmes Township and Rep. Ashley Bryant Bailey, D-Cincinnati, presented their ideas at the press conference.

Brownlee introduced the Community and Police Protection Act with Thomas. She said the act will put a stop to the "lawless tactics" being used by ICE by mandating that federal and state law enforcement refrain from covering their faces for the purpose of concealing their identity.

"Law enforcement officers operating in the state of Ohio without providing their identifiers makes everyone less safe, spurs dangerous impersonations, impedes accountability for officers who are engaged in misconduct and undermines the communal safety contract they swore an oath to protect," Brownlee said. "Citizens should not live in fear that a veiled agent of the state will enter their communities under the shroud of secrecy and harass, seize or disappear their neighbors."

Thomas said that, as a former law enforcement officer himself, he was standing on behalf of both citizens and law enforcement.

"The bills that we are introducing are bills that are designed to return the rule of law to the state of Ohio. We do not want to see what happened in Minneapolis, Minnesota. We do not want to see that here in the state of Ohio," Thomas said. "To see these kinds of heavy-handed tactics resulting in serious injuries and death to our citizens, that's not going to be acceptable here. "

Thomas said any law enforcement that comes to the state of Ohio will be expected to work with Ohio law enforcement under the state's rules.

"I'm not expecting the sheriff and the chief of police of this community to stand in the background and watch as the rule of law is being trampled on," Thomas said.

Bryant Bailey spoke about a bill she introduced that would "establish minimum conditions for detention facilities." She said this is not just about immigration and includes any facilities that contain human beings.

"Lawlessness is not what Democrats stand for. It's not what this city stands for. But what we do stand for is protecting our own at all costs," Bryant Bailey said. "We have been elected to serve the people of Cincinnati and we will do so with fierce compassion, with radical compassion. It stops at our doorstep."

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