Battleground Ohio: ACLU Threatens Legal Suit with Counties Over ICE Agreements
BY JEFF SKINNER
STATEWIDE - Earlier this year, the American Civil Liberties Union of Ohio proceeded with several lawsuits against multiple counties in Ohio, including Geauga, Lake, Butler, Fairfield, Fayette, Portage, Mahoning and Seneca, over agreements held with ICE. The ACLU Initially demanded multiple counties provide copies of their agreements, for which some, including Geauga, contested. Now a recent filing from Attorney General Dave Yost has opened the door to the ACLU demanding the release of all detainees across the aforementioned counties.
In May, 2025, The ACLU filed suit against the Geauga County sheriff's department for what they felt was a violation of public records request. The ACLU of Ohio was requesting copies of the county's legal agreements with ICE over the detention and transport of illegal alien detainees. At the time, Geauga county refused to provide the contract, stating publishing the document would violate federal law.
On August 20, the Ohio Supreme Court authorized the suit to proceed. At the time, most residents were curious the overarching strategy of the ACLU but it appears the ultimate strategy for this move has just been revealed. After months of court battles, the court asked Attorney General Dave Yost to state who, in his office's opinion, holds the legal authority to authorize agreements with ICE. Yost issued his opinion last Thursday.
In the recent opinion, Yost stated that county commissioners, not sheriff’s, hold the authority to enter into agreements with ICE for the detention and transport of illegal immigrants subject to ICE review and potential deportation.
“The board of county commissioners may enter into an agreement with federal immigration authorities, on behalf of the sheriff, to detain aliens subject to removal in the county jail. The sheriff, however, does not have independent contracting authority for this purpose,” Yost wrote.
The opinion immediately triggered counter legal action from the ACLU, demanding that the aforementioned counties immediately release any illegal aliens currently being detained by the county sheriff’s office as the original agreements in place hold no legal authority, having been signed by the sheriff’s departments, not the county commissioners. The ACLU sent a letter demanding said action on Thursday, August 28.
TOR has reached out to the Geauga and Lake County Commissioners and Sheriff’s office for comment but has not yet received a response. It is currently unknown if the county sheriff’s department will capitulate to the ACLU’s demand or contest it. The published opinion of Attorney General Yost can be found below.
