Josh Mandel

Ohio Treasurer Josh Mandel, who plans to run as a Republican for U.S. Senate in 2018, said Monday he supports legislation to ban "sanctuary cities" in Ohio and impose criminal penalties on public officials who go against the ban.

(Gus Chan, The Plain Dealer)

Rep. Candice Keller, a Middletown Republican

COLUMBUS, Ohio -- Ohio Treasurer Josh Mandel is throwing his support behind a proposed bill to ban "sanctuary cities" and hold local elected officials who buck the ban criminally liable for crimes committed by undocumented immigrants.

The bill, which has not yet been introduced in the General Assembly, would prohibit Ohio cities from adopting policies that ban or limit local law enforcement cooperation with federal immigration authorities.

Mandel backed the legislation in a Monday press call with the bill's sponsor, newly elected Rep. Candice Keller.

"This legislation is about protecting parents and kids here in Ohio," Mandel said.

Critics of the proposal said Mandel was only pushing the idea to further his political career.

What's a sanctuary city?

"Sanctuary city" is a term broadly applied to cities and counties that choose not to partner with federal officials to enforce federal immigration laws. Mandel said several times Monday that these jurisdictions are violating federal law.

But local police don't have the authority enforce federal law, and cooperation with federal officials is voluntary.

The term often means local police officers do not inquire about someone's immigration status during routine police work or decline to detain people after they've been freed without a warrant obtained by the feds.

Several cities, including Cincinnati, have recently embraced the term in response to President Donald Trump's plans to crack down on immigration. Sanctuary city officials say the policies encourage people to come forward with information to help solve criminal cases and testify as witnesses in court.

Why is Mandel pushing for the ban?

Mandel, a Republican who lost his U.S. Senate race in 2012, plans to again challenge Democrat Sen. Sherrod Brown in 2018.

Mandel insisted his role pushing this bill is part of his job as state treasurer.

"As one of the constitutional office holders in state of Ohio, I have a responsibility to protect parents and kids in the state of Ohio and protect the Constitution and this is doing both of those things," Mandel said.

Four hours after the press call, which was handled by treasurer's office staffers, Mandel's Senate campaign sent a fundraising email asking for support to stop sanctuary cities.

Cleveland immigration attorney David Leopold said Mandel's endorsement shows he does not understand immigration law and is unqualified for public office.

"If Josh Mandel is seriously concerned about the safety of Ohio what he needs to do is shut up, sit down, understand the law and find ways to craft policy not just talking points for his next campaign," Leopold said.

What would the bill do?

Under the proposed bill, mayors and other elected officials could be charged with a fourth-degree felony for crimes committed in their city by undocumented immigrants, punishable by up to 18 months in prison and a $5,000 fine. In a civil suit, city officials could be fined up to $1 million.

Ohio would be the first state to impose criminal charges on sanctuary city officials. Keller said the bill could change before being finalized.

What's the problem?

Mandel and Keller said the legislation is needed to protect against "radical Islamic terrorists." They pointed to a few incidents in other states where people freed in sanctuary cities went on to commit another crime, including a case in San Francisco, where a Mexican man who had been deported from the United States five times is accused of murdering a 32-year-old woman on a pier.

Neither could name one example in Ohio where an undocumented immigrant was released and then committed a serious crime.

Mandel said the legislation is intended to be proactive.

"It would be a very sad situation is if Ohio did nothing and God forbid if someone in Cincinnati, Columbus or Cleveland was murdered by an illegal immigrant who should have been reported to federal immigration authorities but wasn't because they were a sanctuary city," Mandel said.

Nonsense to compare Holocaust victims to todays refugees. Nazis werent embedded with Jews fleeing Europe. Islamic terrorists embedded today. — Josh Mandel (@JoshMandelOhio) January 29, 2017

Keller said some refugee cultures and religions bring with them cases of sexual assault, sexually transmitted diseases, child marriage and rape, but she could not say which cultures were responsible for such cases.

Leopold, the immigration attorney, said statistics show immigrants are less likely to be involved in criminal activity than natural born citizens. Leopold said the law already says local law enforcement can't withhold information from federal officials.

"We don't need fake news from our politicians," Leopold said. "We need politicians to make decisions based on fact and reality."

What did critics say about the idea?

Mandel repeatedly mentioned Cincinnati as a city that would violate the proposed law.

Cincinnati Mayor John Cranley, a Democrat, said Mandel's assertion the city is violating federal laws is "a blatant lie."

"Mandel's proposal is a straw man for his political ambitions, demonizing refugees fleeing oppression in the process," Cranley said in a statement. "We are standing with refugees and disagreeing with President Trump's executive orders, which is our First Amendment right to do. Mandel's attempt to jail people who disagree with the President is an outrageous attack on the First Amendment."