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Valley rep revives immigration act

Fischer co-sponsors Santucci bill making it a crime for undocumented immigrants to be in Ohio

State Rep. Nick Santucci, a Niles Republican, reintroduced the “Enact the America First Act,” which would make it a felony for undocumented immigrants found to be in this country illegally by the federal government to be in Ohio.

The bill reads: “No person who is unlawfully present in the United States shall knowingly enter, attempt to enter or be present in this state,” though there are some exemptions.

Those who violate the law are “guilty of unlawful presence in the state, a felony of the fifth degree,” the bill states. A subsequent conviction would be a fourth-degree felony under the bill.

The penalty for violating the law is a $500 fine and one year in jail if the bill is passed. Penalties would be increased on a second offense. In both instances, offenders would be required to leave the state within 72 hours of being released.

It also compels law enforcement agencies in Ohio to cooperate with U.S. Immigration and Customs Enforcement.

Santucci, along with state Rep. Gary Click, R-Vickery, are the bill’s lead sponsors. There are nine Republican co-sponsors, including state Rep. Tex Fischer of Boardman.

The bill was referred to the House Public Safety Committee.

Santucci and Click said the bill “only addresses immigration already determined to be unlawful on the federal level. It simply states that it is unlawful for unlawful immigrants to be in Ohio.”

Santucci and Click first introduced the bill Oct. 8. It was referred to the House Criminal Justice Committee Nov. 12 and didn’t get a hearing.

“The ability for migrants to easily bypass our laws undermines the value of citizenship and weakens the integrity of the immigration process,” Santucci said. “Ohio can play a crucial role in supporting legal immigration by prioritizing those who follow the law and discouraging individuals whose first act upon entering the country is breaking it from settling here.”

The proposal would require law enforcement agencies to report anyone that they have detained for their unlawful presence to ICE, permit them to surrender them to ICE for deportation at any time during their sentence and require local law enforcement agencies and detention facilities to hold inmates upon a lawful detainer request from ICE.

Any community that fails to cooperate may receive a fine in the form of a $500 deduction from their Local Government Fund.

Law enforcement agencies in Ohio would be authorized in the bill to participate with federal authorities in fulfilling the mission to achieve a lawful and orderly immigration process.

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