Subject: Analysis of Ohio House Bill 42 (As Introduced) Regarding Collection and Reporting of Citizenship and Immigration Data
This briefing document provides an overview of Ohio House Bill 42 (HB 42), as introduced in the 136th General Assembly. This bill proposes to amend existing law and enact new sections of the Ohio Revised Code to mandate the collection and reporting of data concerning the citizenship or immigration status of individuals interacting with specific state agencies.
1. Main Theme:
The central theme of HB 42 is to increase the collection and reporting of data regarding the citizenship and immigration status of individuals within Ohio who come into contact with law enforcement, correctional facilities, public schools, and certain social service agencies (Job and Family Services, and Medicaid). This data would be compiled and reported to the Governor and the General Assembly on an annual basis.
2. Key Provisions and Requirements:
HB 42 introduces specific requirements for several state entities:
a) Governor’s Office (Section 107.26):
- The Governor is required to submit an annual report to the General Assembly by March 31st of each year.
- This report will summarize all information submitted to the Governor by law enforcement agencies, the Department of Rehabilitation and Correction, the Department of Education and Workforce, county departments of job and family services (regarding SNAP and cash assistance), and the Department of Medicaid.
- The report must also be posted on the Governor’s website.
b) Law Enforcement Agencies (Section 2965.01):
- “A law enforcement agency shall collect and maintain, as part of the law enforcement agency’s official records concerning each person in detention, the person’s citizenship or immigration status, if the information is available.” (Lines 21-25)
- Upon request, prosecuting attorneys, court clerks, and the Department of Rehabilitation and Correction must provide any available citizenship or immigration status information to law enforcement agencies.
- Each law enforcement agency must submit an annual report to the Attorney General by January 31st, including:
- The number of detained individuals who were U.S. citizens or nationals.
- The number of detained individuals who were not U.S. citizens or nationals but were lawfully present.
- The number of detained individuals who were unlawfully present.
- The Attorney General must then submit a summary report of this information to the Governor by February 28th.
- The Attorney General may adopt rules regarding the format of the collected information and the annual reports.
c) Department of Rehabilitation and Correction (Section 2965.02):
- The Department must collect and maintain the citizenship or immigration status of each person in detention, if available.
- Prosecuting attorneys, law enforcement agencies, and court clerks must provide any available citizenship or immigration status information upon the Department’s request.
- The Department must submit an annual report to the Governor by February 28th, including the same categories of citizenship/immigration status as required for law enforcement agencies (U.S. citizen/national, lawfully present non-citizen/national, unlawfully present non-citizen/national).
d) Department of Education and Workforce (Sections 3301.0714 & 3301.0717):
- Section 3301.0714 is amended to include new data collection requirements within the statewide education management information system.
- Specifically, schools will be required to collect and report the following for students:
- “The number of students who are citizens or nationals of the United States;” (Line 167)
- “The number of students who are not citizens or nationals of the United States but who are lawfully present in the United States, disaggregated by specific immigration status;” (Lines 170-172)
- “The number of students who are not lawfully present in the United States.” (Lines 173-174)
- Section 3301.0717 mandates that each public school report this citizenship/immigration data to the Department by January 31st of each calendar year, reflecting enrollment as of December 31st of the prior year.
- The Department of Education and Workforce must then submit a report summarizing this data to the Governor by February 28th.
e) County Departments of Job and Family Services (Sections 5101.546 & 5107.101):
- Supplemental Nutrition Assistance Program (SNAP) (Section 5101.546):County departments must collect data indicating if all members of a SNAP recipient household are U.S. citizens/nationals, or if at least one member is a lawfully present non-citizen/national (including specific immigration status).
- They must submit an annual report to the Ohio Department of Job and Family Services by January 31st, including the total number of households in each category and the monetary value of benefits provided to households with lawfully present non-citizen/national members.
- The Ohio Department of Job and Family Services must submit a summary report to the Governor by February 28th.
- Cash Assistance (Section 5107.101):County departments must collect data on the citizenship/immigration status of members of assistance groups receiving cash assistance, categorizing them as: all members are U.S. citizens/nationals; at least one member is a lawfully present non-citizen/national; and specific categories for child-only assistance groups based on the status of residing caregivers.
- They must submit an annual report to the Ohio Department of Job and Family Services by January 31st, including the total number of assistance groups in each category and the monetary value of benefits provided to groups with lawfully present non-citizen/national members.
- The Ohio Department of Job and Family Services must submit a summary report to the Governor by February 28th.
- The Ohio Department of Job and Family Services may adopt rules regarding the format of the collected information and the annual reports for both SNAP and cash assistance.
f) Department of Medicaid (Section 5162.138):
- The Department of Medicaid must submit an annual report to the Governor by January 31st, including:
- The number of “qualified aliens” enrolled in Medicaid. (“Qualified alien” is defined by federal law, 8 U.S.C. 1641(b)).
- The number of qualified aliens who applied for Medicaid in the previous calendar year.
- The number of individuals “not lawfully present in the United States” who received alien emergency medical assistance in the previous calendar year, as specified in federal law.
3. Important Considerations and Potential Implications:
- Data Availability: The bill often includes the phrase “if the information is available,” particularly regarding law enforcement and correctional agencies. This raises questions about the procedures for obtaining this information and what constitutes “available.”
- Disaggregation of Data: The bill specifies disaggregation of data by specific immigration status for lawfully present non-citizens/nationals in the context of education and Job and Family Services programs. This level of detail could provide more granular insights but also increase the complexity of data collection and reporting.
- Reporting Timelines: The bill establishes specific deadlines for various agencies to report data to the Attorney General, the Ohio Department of Job and Family Services, the Department of Education and Workforce, and ultimately to the Governor.
- Use of Data: The bill mandates the collection and reporting of this data but does not explicitly state how this information will be used by the Governor or the General Assembly beyond summarizing it in an annual report.
- Privacy Concerns: While the bill amends section 3301.0714 regarding student data and emphasizes the protection of personally identifiable information, the broader collection of citizenship/immigration status across various agencies could raise privacy concerns for individuals.
- Administrative Burden: The new data collection and reporting requirements will likely create additional administrative burdens for the affected state and local agencies.
- Definition of “Lawfully Present” and “Unlawfully Present”: The bill does not provide specific definitions for these terms, which will likely need to be interpreted and applied consistently by the collecting agencies. The definition of “qualified alien” for Medicaid is referenced to federal law.
4. Quotes from the Source:
- “A law enforcement agency shall collect and maintain, as part of the law enforcement agency’s official records concerning each person in detention, the person’s citizenship or immigration status, if the information is available.” (Lines 21-25)
- “By the thirty-first day of January of each year, each law enforcement agency shall submit a report to the office of the attorney general including all of the following information, if available: (1) The number of people detained in the previous year who were citizens or nationals of the Unites States; (2) The number of people detained in the previous year who were not a citizen or national of the United States but were lawfully present in the United States; (3) The number of people detained in the previous year who were unlawfully present in the United States.” (Lines 32-41)
- “The department of education and workforce shall require each public school to report data under divisions (B)(1)(s) to (u) of section 3301.0714 of the Revised Code by the thirty-first day of January each calendar year. That report shall include the number of each category of students described in those divisions who were enrolled in the school on the thirty-first day of December of the prior calendar year.” (Lines 590-597)
- “A county department of job and family services shall collect data that indicate one of the following regarding each household that receives supplemental nutrition assistance program benefits: (1) All members of the household are citizens or nationals of the United States. (2) At least one member of the household is not a citizen or national of the United States but is lawfully present in the United States, including specific immigration status.” (Lines 600-606)
5. Conclusion:
Ohio House Bill 42 proposes a significant expansion of data collection related to the citizenship and immigration status of individuals interacting with various state agencies. The collected data will be aggregated and reported annually to the Governor and the General Assembly. The bill outlines specific responsibilities for law enforcement, correctional facilities, public schools, and social service agencies. The potential impact of this bill includes increased administrative burden, potential privacy considerations, and the need for clear guidelines and definitions to ensure consistent data collection and reporting. The intended use of the compiled data by policymakers will likely be a key point of discussion as the bill moves through the legislative process.