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HB 859

Prohibit civil immigration-related arrests in certain locations

136th Legislature (2025-2026) Introduced by Karen Brownlee and 8 co-sponsors

The bill prevents civil immigration arrests in schools, places of worship, health care facilities, forensic exam centers, social service sites, and courthouses, unless there is a l

Referred to committee
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Bill Summary · HB 859

Summary of HB 859 (136th General Assembly) — Prohibit civil immigration-related arrests in certain locations

What the bill aims to do

HB 859 seeks to shield individuals from civil or administrative immigration-related arrests while present in specific locations. It creates a privilege against arrest based on citizenship or immigration status in designated venues, subject to a narrow exception for arrests issued under a lawful criminal judicial warrant.

Key provisions

  • Section created: Ohio Revised Code, new Sec. 2935.40.
  • Privilege from arrest: A person cannot be arrested on a civil or administrative warrant tied to their immigration status if they are in any of the listed locations, with a single exception:
    • A person is not protected if there is a lawful judicial warrant issued in a criminal proceeding.
  • Protected locations (divisions of §2935.40(A)):
    1. Premises or grounds of public or private primary/secondary schools or other educational institutions.
    2. Premises or grounds of a church, synagogue, or other established place of religious worship, or while attending a public religious ceremony.
    3. Premises or grounds of a health care facility (including facilities operated by a state agency to provide health care) or a health care practitioner’s office. The term “health care facility” aligns with the definition in §1751.01 of the Revised Code.
    4. Premises or grounds of a facility that provides forensic medical examinations to sexual assault survivors.
    5. Premises or grounds of an organization that assists children, pregnant women, victims of crime or abuse, individuals with mental or physical disabilities, or any social service agency providing public services.
    6. Premises or grounds of a courthouse or other building/structure containing a courtroom.
  • Public policy note in the text: The privilege does not apply if there is a lawful criminal judicial warrant (explicit exception in division (B)).

Who would be affected

  • Individuals who are present in the listed locations and who hold citizenship or immigration status that could subject them to civil or administrative immigration-related arrest.
  • Law enforcement agencies and immigration authorities operating within Ohio, as the statute would restrict civil/arrest actions in these venues.
  • Institutions and entities operating in the protected locations (schools, religious institutions, health care facilities, forensic examination facilities, social service organizations, courthouses) by providing a more immigration-arrest-protected environment in those settings.

Procedural and timeline aspects

  • Effective scope is prospective; the bill describes the privilege and its application in the specified locations.
  • The only explicit exception to the privilege is the existence of a lawful criminal judicial warrant.
  • Action history: Introduced in the 136th General Assembly on May 12, 2026.
  • Sponsors: Primarily Representatives Mohamed, Synenberg, and multiple co-sponsors.

Practical implications and considerations

  • The bill formalizes a location-based protection against civil immigration arrests, potentially reducing enforcement actions in schools, places of worship, health care facilities, forensic exam centers, social service agencies, and courthouses.
  • It does not bar civil immigration arrests outright but restricts them in these settings unless grounded in a criminal judicial warrant.
  • Implementation would require coordination between immigration authorities and the institutions listed to ensure compliance and understanding of the privilege.
  • Potential concerns may include how “civil or administrative warrant based on citizenship or immigration status” is defined and how it interacts with other state and federal enforcement tools.

Notes for readers

  • The text defines “health care facility” by reference to existing Ohio law (section 1751.01).
  • The privilege is explicitly not available where a criminal judicial warrant exists, preserving criminal-court authority in those situations.

Compiled from official sources — confirm details with the bill’s official record.

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