Yost has accepted his request and plans to respond, saying in am official letter to Gmoser:
“Thank you for your letter of 7/10/2025 requesting a formal opinion of Attorney General Yost. You ask, “does a county sheriff, or a county board of commissioners on behalf of a sheriff, have statutory authority to enter into an agreement with federal immigration authorities which would allow for the incarceration, and possible transportation of aliens detained, at a county jail for civil violations of federal immigration law beyond a 48 hour hold?
“We have accepted your request and will address your inquiry as soon as possible.”
Gmoser told the Journal-News previously the mass effort on the part of the federal government to rid the country of people in this country illegally whether they have a criminal record or not, could have serious legal and liability ramifications.
“I am concerned there is potential liability that needs to be addressed to stay ahead of this,”
“It’s a very complex issue with jurisdictional issues that may apply to the federal government that may not apply to state government. Therein lies the difference in these issues and it is a question that has to be resolved by the Attorney General because it has statewide application,” Gmoser said.
Every week, a group of concerned residents have come to the county commission meetings begging the county to exit the deportation business. They have questioned the county about reports by this news outlet and others that only about 8% of the jail inmates being held for deportation proceedings have criminal records.
There have only been two immigration issues addressed by the AG’s office since 1993 and both were requested by former Butler County prosecutor Robin Piper — who now sits on the 12th District Court of Appeals bench — with decisions issued in 2007.
Former attorney general Marc Dann wrote:
“A county sheriff may arrest and detain an alien without a warrant when evidence establishes probable cause to believe that the alien has violated a criminal provision of federal immigration law. A county sheriff may not, however, arrest and detain an alien for a violation of a civil provision of federal immigration law."
Gmoser said based on the previous opinions, the sheriff can hold someone on a civil violation, but only for 48 hours, if ICE doesn’t collect them they must be released. That’s not what is happening today.
Chief Deputy Anthony Dwyer told the Journal-News previously every time someone crosses the border illegally they have committed a crime and ICE can charge them civilly or criminally.
“A large portion of them are only being held on the civil detainment because of the way the paperwork flows and the simplicity for ICE,” he said.
Gmoser told the Journal-News he surmises Yost granted his request because times have obviously changed since 2007.
“I don’t think they contemplated all these nuances back in 2007,” he said. “So I think that’s why the attorney general accepted this, instead of just saying Mike you’ve got our opinion figure it out yourself. He could have done that, he could have punted, but I really respect the fact he took this on.”
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