Ohio State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines Ohio’s immigration rules and policies. Learn more about:

• Law enforcement and immigration in Ohio
• Ohio E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks and in-state tuition
• Voting ID rules
• Housing ordinances and immigration
• How an attorney can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in Ohio should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Ohio

U.S. federal agencies primarily manage and enforce immigration laws. Some of these government agencies are:

• The Department of Homeland Security (DHS)
• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Immigration and Customs Enforcement (ICE)
• The Federal Bureau of Investigation (FBI)

Local and state authorities also work with the federal government on immigration law. For instance, Section 287(g) of the Immigration and Nationality Act (INA) highlights this collaboration.

Section 287(g) authorized ICE to delegate to local law enforcement certain functions of immigration officers. The section allows local agencies to identify and assess noncitizens with criminal charges.

ICE also has the Criminal Apprehension Program, which has a similar aim. The program aims to enhance cooperation between federal agencies and local governments. This is particularly to identify and prosecute noncitizens convicted of serious crimes.

Ohio E-Verify Requirements

E-Verify is an online system for employers to verify employees’ employment eligibility and authorization to work in the U.S. The system compares the employee’s records with the data stored by DHS and the Social Security Administration.

Ohio employers are not required to use E-Verify. Some employers in Ohio may voluntarily opt to use the system. The system requires verification of some federal contractors and subcontractors.

Driver’s License and ID Requirements

In Ohio, those who would like to get a U.S. driver’s license must present documentation proving the following:

• Legal Name
• Date of Birth
• Social Security number (if assigned)
• U.S. citizen identification or lawful permanent resident identification
• Ohio residency identification

Before issuing a driver’s license, the Ohio Bureau of Motor Vehicles (BMV) must verify a person’s lawful presence in the country. The BMV may issue regular driver’s licenses to noncitizens with permanent residency or green cards. 

Public Benefits Restrictions

Under federal law, illegal immigrants are ineligible from getting most public benefits. Specifically, some of the benefits they aren’t eligible for include:

• Supplemental Nutrition Assistance Program (SNAP)
• Regular Medicaid
• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF)

However, they can access the necessary benefits to protect their life and safety. This includes:

• Emergency Medicaid
• Access to healthcare and nutrition programs
• Access to treatment in emergency rooms

Education Checks and In-State Tuition

Ohio law bars students living in the U.S. illegally from paying in-state tuition rates.

But, in July 2013, the Board of Regents in Ohio modified this rule. Now, Ohio allows Deferred Action for Childhood Arrivals (DACA) recipients to get this education benefit. DACA recipients may attend public universities and colleges paying in-state tuition rates. But applicants must meet the following conditions:

• Students whose parent, legal guardian, or spouse was a resident of Ohio for 12 consecutive months or more. The 12-month residency should be immediately before the student’s enrollment.
• Students who lived in Ohio for at least 12 consecutive months immediately before enrollment. The student must not receive financial support from residents outside of Ohio.
• Students whose parent, legal guardian, or spouse has full-time employment and a home in Ohio.

The Ohio Administrative Code also states that political refugees are eligible for the Chancellor’s consideration or review for in-state tuition.

Voting ID Rules

All eligible Ohio residents have equal access to elections. The state offers three different options for voting, which are as follows:

• By mail
• Early in-person voting (four weeks before election day)
• In-person voting on Election Day

People in Ohio qualified to vote are those who meet the following requirements:

• U.S. citizen
• At least 18 before the day of the general election
• A resident of Ohio at least 30 days immediately before election day
• Not in prison for a felony conviction
• Not declared incompetent to vote by a probate court
• Not permanently disenfranchised for violating election laws

The state requires voters to present a valid photo identification. The photo ID should contain the following information:

• A photo of the voter
• The voter’s name in the photo ID is the same as in the poll list
• An expiration date

Housing Ordinances and Immigration

The U.S. Fair Housing Act protects people from discrimination. It also protects people’s rights to fair housing. These rules apply to those considering renting, buying, or selling a home, or seeking housing assistance.

Immigration Issue in Ohio? Legal Help Is Available

Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues.

An experienced immigration lawyer can support you during any immigration process, including:

• Applying for a U.S. visa
• Pursuing U.S. citizenship through naturalization
• Applying for a green card or lawful permanent residency
• Petitioning family members to the U.S.
• Advocating for a loved one who has been detained
• Facing immigration court for a potential deportation or removal
• Other immigration problems

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Ohio. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Ohio: Related Resources

Various resources in Ohio provide legal aid and guidance to immigrants. The state also has nonprofit organizations that offer services and legal help to immigrants:

• Catholic Charities Diocese of Cleveland — This charity offers legal services to low-income people regardless of immigration status.
• Asian Services in Action Inc. — This organization provides immigration legal services for immigrants and refugees in Northeast Ohio.
• Advocates for Basic Legal Equality Inc. — This nonprofit organization offers legal services to low-income people in Ohio. They help victims of human trafficking, domestic violence, and more.
• Know Your Rights — This free legal resource explains how to protect you and your family members during immigration raids.