Most Oregon County Sheriff’s Offices adhere to an Oregon law (ORS 181.850) enacted in the 1980s that prevents local law enforcement from enforcing federal immigration laws. A 2014 federal court ruling, Olivares v. Clackamas County, upheld the plaintiff’s Fourth Amendment rights protecting citizens against seizures and also ruled that ICE detainers are administrative requests and not mandatory. Based on this ruling, most county jails only holds a foreign-born person based on local charges, probable cause holds or federal judicial warrants.
{The Statue}
PUBLIC SAFETY PERSONNEL GENERALLY
181.850 Enforcement of federal immigration laws. (1) No law enforcement agency of the State of Oregon or of any political subdivision of the state shall use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship residing in the United States in violation of federal immigration laws.
(2) Notwithstanding subsection (1) of this section, a law enforcement agency may exchange information with the United States Immigration and Naturalization Service in order to:
(a) Verify the immigration status of a person if the person is arrested for any criminal offense; or
(b) Request criminal investigation information with reference to persons named in service records.
(3) For purposes of subsection (1) of this section, the Bureau of Labor and Industries is not a law enforcement agency. [1987 c.467 §1]
Note: 181.850 was enacted into law by the Legislative Assembly but was not added to and made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Oregon is the only state that has a law specifically limiting the extent to which state resources can be used to enforce federal immigration laws.
http://causaoregon.org/wp-content/uploads/2012/02/Causa-Issue-Brief-ORS-181.850.pdf
ORS 181 brief - causaoregon.org
causaoregon.org
Local Law Enforcement and ICE: Understanding ORS 181.850 ORS 181.850 is a statute that limits the ways in which local law enforcement agents can investigate an individual's immigration status.
{The Statue}
PUBLIC SAFETY PERSONNEL GENERALLY
181.850 Enforcement of federal immigration laws. (1) No law enforcement agency of the State of Oregon or of any political subdivision of the state shall use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship residing in the United States in violation of federal immigration laws.
(2) Notwithstanding subsection (1) of this section, a law enforcement agency may exchange information with the United States Immigration and Naturalization Service in order to:
(a) Verify the immigration status of a person if the person is arrested for any criminal offense; or
(b) Request criminal investigation information with reference to persons named in service records.
(3) For purposes of subsection (1) of this section, the Bureau of Labor and Industries is not a law enforcement agency. [1987 c.467 §1]
Note: 181.850 was enacted into law by the Legislative Assembly but was not added to and made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Oregon is the only state that has a law specifically limiting the extent to which state resources can be used to enforce federal immigration laws.
http://causaoregon.org/wp-content/uploads/2012/02/Causa-Issue-Brief-ORS-181.850.pdf
ORS 181 brief - causaoregon.org
causaoregon.org
Local Law Enforcement and ICE: Understanding ORS 181.850 ORS 181.850 is a statute that limits the ways in which local law enforcement agents can investigate an individual's immigration status.
Related Links:
Columbia County Judge Halts Immigration Measure
http://www.oregonlive.com/news/index.ssf/2009/01/columbia_county_judge_halts_il.html
Interfaith Movement for Immigrant Justice
http://oregonsanctuary.org/
Columbia County Judge Halts Immigration Measure
http://www.oregonlive.com/news/index.ssf/2009/01/columbia_county_judge_halts_il.html
Interfaith Movement for Immigrant Justice
http://oregonsanctuary.org/
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