Attorney general opinion fuels ICE detention fight

TIFFIN — Ohio Attorney General Dave Yost's recent opinion on immigration detention agreements has intensified a legal and political battle already underway in Seneca County. On Aug. 26, Yost issued a formal opinion concluding that only county commissioners, not sheriffs, have the authority to contract with U.S. Immigration and Customs Enforcement to house noncitizens in local jails. "No law authorizes the county sheriff to unilaterally enter a contract with federal immigration authorities," the document said. It added that the "board of county commissioners has general contracting authority for the county." Yost also clarified that if a valid contract exists through commissioners, detainees may be held beyond the typical 48-hour detainer limit, pending federal removal proceedings. Why it was written The guidance was issued in response to a request from Butler County Prosecutor Michael Gmoser. He sought clarity after Butler County Sheriff Richard Jones signed a new ICE contract in February. Gmoser told the Journal-News he was "concerned there is potential liability that needs to be addressed to stay ahead of this," and asked the attorney general for direction. In his written response, Yost said he could not decide whether specific individuals should be detained, but could clarify the duties and powers of county officials. ACLU's letter On Aug. 27, ACLU of Ohio sent letters to several sheriffs' offices, including Seneca County Sheriff Fred Stevens, demanding the release of ICE detainees being held under contracts signed directly by sheriffs. "For you to continue holding anyone under that invalid authority is unlawful, and a violation of these individuals' constitutional rights," the letter said. "We demand that you immediately release every detainee who is currently in your custody without legal authority and cease all unlawful immigration enforcement actions." The letter pointed to Yost's legal analysis, emphasizing his conclusion that only commissioners can enter contracts with ICE. Longstanding ICE relationship in Seneca County The Seneca County Jail has partnered with ICE since 2000, receiving $90 per detainee per day to cover housing, food, transportation and staff salaries. Earlier this year, the sheriff's office expanded its relationship by signing on to two additional 287(g) programs. Under the Task Force model, specially trained deputies, including Stevens, the chief deputy and a 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. ACLU lawsuit over records ACLU is also suing the sheriff's office in the Ohio Supreme Court for access to ICE contracts and related documents. The lawsuit, filed Aug. 12, claims the office has a duty under Ohio's Public Records Act to release records it holds. The case was referred to the Supreme Court's mediation program, a common step in mandamus actions. All filing deadlines are on hold while the court attempts to resolve the matter without further proceedings. Court records show that the ACLU submitted its initial request in March. In filings, the group argues that Ohio law requires the sheriff's office to turn over the records it possesses. Stevens has defended his handling of the requests, saying he relied on ICE's guidance that the documents are federal in nature and not subject to state disclosure rules. Different interpretations Yost's opinion did not direct counties to release detainees. His office focused on clarifying who has contracting authority and how detentions may continue if a valid agreement is in place. ACLU's letter took a different view. It argued that detaining immigrants under sheriff-executed contracts is unconstitutional. Yost did not address whether current detainees should be released, nor did he reference what should happen with contracts sheriffs had already signed with ICE. Stevens responds The Seneca County Sheriff's Office said in a statement that Ohio Attorney General Dave Yost's recent opinion does not affect operations at the county jail because the county commissioners, not the sheriff, originally signed the contract with federal immigration authorities. According to the sheriff's office, the contract dates back to 1996 and was later amended in 2003 to remain in effect indefinitely "unless terminated sooner in writing, by either party." "I checked with our county prosecutor, county administrator and county commissioners to verify the information on our contract and we are in full compliance with the Attorney General's opinion," Sheriff Fredrick Stevens said. The sheriff's office also noted that additional portions of Yost's opinion regarding detention limits and transportation of immigrants do not apply to Seneca County because the jail is operating under a valid contract. Sheriff Stevens said jail leadership would not simply release detainees if the contract were ever deemed invalid. "We would not let illegal immigrants wander throughout Seneca County," he said, adding that inmates would instead be transported to another ICE facility.