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Saturday, July 3, 2010

How does Ohio Immigration Law Differ from AZ?

The answer -- prior to AZ passing a state law on immigration -- would be not much. Since OH does not have a state law on immigration we would be governed by the federal immigration laws as stated below by the Lake County Sheriff's Office.

You will see other than putting the power of enforcing immigration in the hands of the state, that even though OH does not have an immigration law on the books there is still not much difference between AZ's law and the federal law.

From the News Herald --

With so much attention focused on Arizona's new immigration law, some have asked how it differs from enforcement in Ohio.

Capt. Lonnie Sparkman of the Lake County Sheriff's Office said the laws are not that different because both mirror federal laws.

To be more specific, Ohio does not have a state immigration law. It operates under the federal law. Arizona recently passed a state law that is, in some ways, more stringent.

The Arizona law requires police to determine the immigration status of someone if that person has been stopped, detained or arrested on another crime and if a "reasonable suspicion exists that the person is an alien and is unlawfully present in the United States."

The law also requires that people have immigration papers with them. However, officers can only ask for immigration papers under the previously described conditions.

While Ohio law does not require officers to ask about immigration status, Sparkman said Ohio law officers can inquire about immigration status under the same circumstances.

Originally, the Arizona law said officers had to ask about immigration status if there was reasonable suspicion during any "lawful contact." The law was rephrased after a Phoenix police officer sued, saying that he would need to ask it of children on their way to and from school.

That unrevised law would have differed significantly from Ohio's.

Arizona lawmakers reworded it so people had to be stopped, detained or arrested for another crime before they could be asked of their immigration status.

Lake County Sheriff Daniel Dunlap stressed that his department does not make pretextual stops, meaning that deputies do not pull people over because they think the drivers are in the country illegally.

However, Dunlap said, if a person has been pulled over and they do not have identification, they may inquire as to legal status.

"If there's a traffic offense or a reasonable suspicion of a crime, we will stop you. And what is the first thing that authorities ask for when you're pulled over? Driver's license and registration," Dunlap said.

If the Lake County Sheriff's Office identifies someone as being in the country illegally, it will contact a federal enforcement agency, either Immigration and Customs Enforcement or U.S. Customs and Border Protection.

Dunlap said most people carry some identification with them, and it is rarely an issue.

"It's a pretty low percentage of people who get picked up and don't have papers, much smaller than you'd think," he said.

Support AZ by asking your City Council or Township Trustees to pass a Resolution supporting AZ and their right to protect their own borders. If you do, please email us at clevelandteaparty@gmail.com so we can help support your efforts.

Please click here for a template of a Resolution you can submit to your City Council or Township Trustees.

1 comment:

  1. Are you saying,we in Ohio do not need our own immigration laws? Or should we wait until we see how the Federal Goverment deals with Arizona?


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