COLUMBUS, Ohio — A group of Ohio state representatives has introduced House Bill No. 671, titled the “America First Act,” which seeks to prohibit individuals who are unlawfully present in the United States from entering or being present in Ohio.
Sponsored by Representatives Gary Click and Nick Santucci, with co-sponsorship from several other Republican lawmakers, the bill aims to make it a felony offense for anyone unlawfully present in the U.S. to knowingly enter or remain in the state. The proposed legislation outlines strict penalties, including mandatory prison terms and fines.
Key Provisions of the Bill:
- Felony Charges: Unlawful presence in Ohio would be classified as a fifth-degree felony, elevated to a fourth-degree felony for repeat offenders or those previously deported.
- Mandatory Sentencing: Courts would be required to impose a mandatory 12-month prison term for violations, along with additional fines ranging from $500 to $1,000.
- No Eligibility for Community Sanctions: Defendants charged under this act would not be eligible for community control sanctions or residential alternatives to imprisonment.
- Affirmative Defenses and Stays: The bill provides certain affirmative defenses, such as participation in the Deferred Action for Childhood Arrivals (DACA) program between June 15, 2012, and July 16, 2021. It also allows for case stays if the defendant is awaiting an asylum determination or has applied for legal status.
Reactions and Context:
Proponents of the bill argue that it reinforces state sovereignty and enhances public safety by aligning state law with federal immigration policies. “This legislation is about ensuring that our laws are respected and that our communities are safe,” Representative Click said in a statement.
Opponents, including immigrant advocacy groups and some legal experts, contend that immigration enforcement is a federal responsibility and that the bill could lead to racial profiling and legal challenges. They also raise concerns about the humanitarian implications for asylum seekers and those awaiting legal status.
Legal Considerations:
The bill mandates that upon conviction, courts order law enforcement agencies to collect identifying information from offenders and cross-reference it with federal databases related to national security. Additionally, convicted individuals would be required to leave the state within 72 hours after completing their sentence.
If enacted, Ohio would join a handful of states attempting to pass legislation that intersects with federal immigration law, potentially setting the stage for legal debates over state versus federal authority in immigration enforcement.