COLUMBUS, Ohio — Hospitals across Ohio may soon face a choice: allow federal immigration agents inside to arrest patients or lose state funding.
That is the ultimatum behind House Bill 281, introduced by Rep. Josh Williams, a Republican from Toledo.
“I think it’s essential to make sure our hospitals are not burdened with the financial strain of treating undocumented,” Williams told reporters.
However, critics fear it will put healthcare workers “in a bad spot.”
HB 281 requires any hospital receiving state grants or Medicaid reimbursements to do the following:
- Allow ICE to enter to arrest, interview or collect evidence in service of a warrant.
- Arrest individuals with a lawful warrant.
- Require hospital staff and contractors help facilitate access for these activities.
- Provide ICE agents with information and/or evidence the hospital possesses so long as it doesn’t violate existing federal or state law.
However, hospitals would not be required to screen patients based on their immigration status.
“It’s not proactive,” Williams explained. “If federal agents come to the hospital and ask for access to a particular individual, the hospital has to comply.”
In January, President Donald Trump rescinded guidance that had discouraged immigration enforcement in “sensitive locations” such as hospitals, schools, and churches.
Now, Williams says Ohio should follow suit.
“We are not fully equipped in cracking down on illegal immigration,” said Mr. Obama.
The Ohio Hospitals Association has declined to comment. However, the Ohio Nurses Association objected to what it saw as medical staff deputization.
“This bill goes further and mandates hospital staff to assist law enforcement officers,” said ONA President Rick Lucas. “We do not want to be deputized. We do not want to be a part of that process.
In January, ONA issued guidance directing nurses to refer ICE agents to “your hospital’s legal counsel, compliance officer, or security department.”
HB 281 would require hospitals to have a written policy in place, which Williams said could include directing agents to those individuals.
“We already do it for local law enforcement…,” Williams explained. “I’ve had clients of mine handcuffed to a hospital bed while they were receiving treatment to make sure they didn’t flee.”
Lucas warned that the policy could have a chilling effect on patients, including those here legally.
“We’re not going to make it easy on you,” Williams said. “No matter where you are you are always going to be at risk of arrest and deportation.”
Nonetheless, Williams said he’s willing to clarify that medical staff would need to clear patients for release before ICE could transport them.
“I’m not intending to put anyone’s life at risk,” he told me.
However, he does not believe Ohio should pay the medical bills of people who entered the country illegally.
Williams cited California, which is reducing coverage for immigrants without legal status after it cost $2.7 billion more than lawmakers expected.
“We don’t have the financial freedom to pay for individuals who are not here legally,” Williams informed the crowd.
HB 281 is Williams’ fourth immigration-related bill this year, as he considers a congressional run against longtime Democrat Marcy Kaptur.
Williams expects to make a decision on the U.S. House seat later this month.
