Inside lawsuit over Seneca sheriff's ICE records

TIFFIN — Court records shed new light on the group's battle to get ICE records from a local sheriff's office. The filing includes email exchanges between ACLU Chief Policy and Advocacy Officer Jocelyn Rosnick and Seneca County Sheriff Fred Stevens' office, as well as legal arguments about whether the records fall under state disclosure laws. Inside the complaint The lawsuit, filed Aug. 12, is what is known as a public records mandamus action. According to the Ohio Public Defender's law library, mandamus is a type of case that asks a court to order a public office or official to perform a clear legal duty. In this case, the ACLU argues the sheriff's office has a duty under Ohio's Public Records Act to release records it holds. The complaint seeks to compel the sheriff's office to turn over contracts, memoranda and communications with U.S. Immigration and Customs Enforcement (ICE), the Department of Homeland Security and the U.S. Marshals Service. The filing includes a timeline of emails between Rosnick and the sheriff's office. The original records request was made March 12. On March 24, the office told her ICE had directed them to send the request through the federal Freedom of Information Act process. Rosnick replied that state law requires local offices to release records they possess. In the days that followed, she pressed for clarification and offered to accept redactions if personal information was included. By April 30, the office said it had forwarded her request to ICE but gave no records in return. According to the complaint, the office did not respond again until July 18, when Stevens wrote that ICE's position "has not changed" and repeated that the documents are federal records that must be requested through FOIA. He also cited a regulation prohibiting the disclosure of detainee information. The ACLU argues that neither the Federal Records Act nor the cited regulations bar disclosure of contracts or communications, and that Ohio law still requires local agencies to release documents they hold. Sheriff's response Stevens has defended his handling of the requests. In comments previously provided to The Advertiser-Tribune, he said he responded each time by directing the ACLU to ICE. He added that he sought guidance from ICE's Office of the Principal Legal Advisor, which concluded the records are federal in nature and not subject to Ohio's disclosure rules. He also pointed to federal regulations that restrict the release of detainee information and noted that Ohio's law exempts records that are barred by federal law. "We have been an ICE facility for 25 years, since 2000, and I have been sheriff since 2021," Stevens said at the time. "I find it funny that it is only now that the ACLU is trying to sue to get ICE detainee information and never reached out during the last administration or for that matter, the last 25 years. They are suing Geauga County and other ICE detention facilities for the same information and did not wait for those cases to wind through the process." ICE partnerships The Seneca County Jail has served as a detention facility since 2000, receiving $90 per detainee per day to cover housing, food, transportation and staff salaries. Earlier this year, the sheriff's office expanded that relationship by signing on to two additional 287(g) programs. Under the Task Force model, specially trained deputies, including the sheriff, chief deputy and captain, can arrest individuals with ICE detainers during calls or traffic stops. Under the Warrant Service Officer model, certified jail staff can serve ICE administrative warrants on detainees already in custody. The ACLU has argued these agreements raise questions about transparency and accountability, and that withholding related records makes those concerns worse. In a press release, Rosnick said "Ohio counties like Seneca and Geauga cannot hide behind federal immigration officials to avoid their obligations under Ohio law. Our lawful demands for timely and accurate information must not be ignored." What's next The Ohio Supreme Court referred the case to its mediation program on Aug. 20, which is common for original actions such as public records mandamus cases. According to the court, mediation is a voluntary, confidential process led by a court-appointed mediator to help both sides attempt to resolve their dispute without further proceedings. All filing deadlines in the case are stayed until further order of the court, and no decision will be issued on the merits until mediation has concluded. As of Aug. 21, the last filing in the docket was the return receipt showing the Seneca County Sheriff's Office was served with the complaint Aug. 18. Nothing has been scheduled since. In the case of Geauga County, on Aug. 20, the Ohio Supreme Court agreed the case had enough merit to move forward, setting a schedule for evidence to be presented and for briefs to be filed.