To enact section 2935.40 of the Revised Code to prohibit civil immigration-related arrests in certain locations.
HB 859 would add a new section to the Ohio Revised Code creating a privilege from arrest for certain people subject to civil or administrative immigration-related warrants when they are in designated sensitive locations. The bill applies to arrests based on citizenship or immigration status and covers public and private schools, houses of worship, health care facilities and practitioners’ offices, facilities that provide forensic medical exams to sexual assault survivors, organizations and social service agencies serving children, pregnant women, crime victims, abuse survivors, and people with disabilities, and courthouses or other buildings containing courtrooms.
The bill does not bar all arrests in those places. It expressly preserves arrests made under a lawful judicial warrant issued in a criminal proceeding. In effect, the measure would limit the use of civil immigration enforcement in specified locations while leaving criminal warrants untouched.
If enacted, HB 859 would create a new statutory protection in Chapter 2935 of the Revised Code and restrict state and local arrest authority for civil or administrative immigration matters in the listed sensitive locations. It would affect immigration enforcement practices, law enforcement officers, and agencies operating in or around schools, religious institutions, health care settings, social service providers, and courthouses, while also providing clearer legal protection for people present in those places.
The bill was introduced and referred to the House Public Safety Committee, but no committee transcript or vote history is available in the provided record. Based on the bill’s subject matter, it appears to be framed as a protective measure for access to education, worship, health care, and social services, but the available materials do not show recorded debate or formal support/opposition.
The main point of contention is likely the balance between immigration enforcement and access to sensitive public services and institutions. Supporters would be expected to favor limiting civil immigration arrests in places where people seek education, medical care, religious observance, or victim services, while opponents may argue that the bill could hinder immigration enforcement or create operational limits for law enforcement. The bill’s exception for criminal warrants narrows, but does not eliminate, that tension.