Prosecutor Mike Gmoser said he is troubled about potential liability issues for the county and he told the Journal-News he has asked the Ohio Attorney General for an opinion.
He said 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.
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“I want to make sure that Butler County’s citizens are insulated and protected from civil liability, with the number of these cases that far exceeds the number of false imprisonment cases that are filed on an annual basis, with respect to civil rights violations.”
Ann Brown of Hamilton has spoken at two commission meetings recently protesting the ICE contract. She said the county is “empowering harassment, racial profiling, a lack of trust in our officers and first responders. Please get out of the deportation business.”
“I request that you rethink and rescind Sheriff Jones’ permission to house ICE detainees in our jail,” she said. “Most Butler County ICE detainees have no criminal record only an immigration violation. These people are here for opportunity, many are working at jobs we need, many were granted asylum and that is being revoked. This is creating an atmosphere of confusion, fear and cruelty. I don’t want my county to be a part of it.”
Residents have expressed concerns about the ICE contract and 10 deputies who are now trained to make immigration arrests to the commissioners several times. A call log obtained by the Journal-News shows the commissioners’ office has fielded 137 calls and emails opposing the sheriff’s actions and only one in support.
“I’m here to protest the use of Butler County resources to detain immigrants with no criminal record, no due process and no or very limited ability to access legal counsel or even have contact with their family,” Janice Urbanik of Fairfield Twp. said.
Attorney General
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 — and 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."
Credit: Michael D. Pitman
Credit: Michael D. Pitman
Credit: Michael D. Pitman
Credit: Michael D. Pitman
The second opinion dealt with the sheriff’s ability to enter an agreement with ICE to make criminal arrests, which he said was fine but “a county sheriff may not enter into such a written agreement with regard to the enforcement of the civil provisions of federal immigration law.”
Times have radically changed in the past 18 years however, especially since President Donald Trump took office in January. Commissioner Don Dixon said if Gmoser tells them they need to make changes, “I can assure you we will follow the law to the letter, we’ll do exactly what he says and the sheriff will too.”
Residents 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. Commissioner T.C. Rogers told concerned residents at the Tuesday commission meeting he met with the sheriff and posed a number of questions the residents have asked.
“Bottom line, I guess I got the answers which I needed,” he said. “They have a contract and it’s not the position of the commissioners to cancel that contract.”
Waiting for prosecutor
He told the Journal-News if Gmoser tells them differently after he gets the AG’s opinion, “we follow the prosecutor.”
Roger said the bulk of the detainees have broken the law.
“This figure that only 8% of the prisoners had a non-immigration charge against them, I think that’s a matter of semantics,” he said. “Every single one that was in there, for example, had agreed to a hearing when they had come over the border and they did not show up for that hearing and so there was a warrant issued.”
Chief Deputy Anthony Dwyer told the Journal-News 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.”
Credit: Nick Graham
Credit: Nick Graham
He noted the recent media reports were “a moment in time and that doesn’t take into account any past criminal history from their home country or past criminal history in this country prior to them being incarcerated today.” He said ICE doesn’t provide the sheriff that information.
Rogers said deputies are not scooping people up without a legitimate reason. He said he asked the sheriff if they were hunting for people who are in this country illegally and he said “no.”
Dwyer said there are 10 deputies who have been trained to serve on a task force to patrol and arrest for ICE, but they haven’t been deployed yet.
Butler County is one of six county detention facilities holding ICE detainees, the others are in Geauga, Mahoning and Seneca counties and the Corrections Center of Northwest Ohio in Stryker and Northeast Ohio Correctional Center in Youngstown.
The county owns two jail facilities outright, the main campus on Hanover Street that can hold 848 inmates and the Court Street facility holds 150. They can also house 170 people in their portion of the Resolutions Jail for a total of 1,170. The county is in the process of purchasing the entire Resolutions facility on 2nd Street in Hamilton. Once it is ready, they’ll be able to add another 70 beds.
The county is being paid $68 daily to house the detainees plus $36 per hour to transport them to court hearings and the airport. Dwyer said they billed the federal government $1.2 million between March and June for the ICE contract.
The county collected a total of $22 million from 2011 until the previous contract ended in 2021 housing and transporting ICE detainees, or an average of $2 million a year.
Dwyer said he is aware Gmoser is seeking an AG’s opinion, “he has asked for clarification and I’m confident there won’t be any issues with any of it, it’s done across the country.”
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