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WILSONVILLE, Ore. - Oregon sheriffs issued a statement Friday explaining the background to their stance on not reporting all undocumented immigrants to federal authorities, due to state law, and how that likely means no immediate change in their agencies’ procedures.

Here’s the Oregon State Sheriffs’ Association’s posted “legal analysis,” in full:

Many Oregon residents are asking their local Sheriff how President Trump’s January 25, 2017 Executive Order on Immigration will change local practices. The Oregon State Sheriffs’ Association provides the following analysis of this complex issue. The answer, at least in the short term, is that immediate changes to police practices are unlikely.

All Oregon police agencies are prohibited by state statute, ORS 181A.820, from spending public dollars, resources or personnel to locate or arrest a person whose only violation of law is that they are in the country in violation of federal immigration law.

That statute has been in place since 1987, and unless the Oregon legislature changes it, that law will continue to prohibit Oregon police officers from acting as immigration enforcement officers.

The county or city governing body may enact local ordinances that further restrict police officers in that jurisdiction from cooperating with ICE or otherwise assisting in immigration enforcement. The executive order signed by the President does not directly affect Oregon law enforcement officers – it is binding only upon federal agencies.

If a person is illegally in the country, and commits another violation of law, Oregon police officers are specifically allowed by Oregon law to cooperate by exchanging information with Immigration and Customs Enforcement (ICE), and Oregon jails do so routinely. We believe Oregon jails are fully compliant with federal law requiring local cooperation in accordance with 8 USC 1373.

Oregon jails do not honor requests by ICE to detain persons past their local release date, because doing so is a violation of the person’s rights and subjects the jail to serious civil liability. See link to court case below.

Oregon jails will hold a person for ICE if presented with a warrant signed by a federal magistrate.

In light of ORS 181A.820, and the fact that the federal court has made it clear that Oregon jails do not honor ICE detainer requests in keeping with the binding federal district court decision, Oregon could be considered a “sanctuary state” under the policies of the Trump administration, and the state may be threatened with loss of federal grant funding.

 At this time, the “sanctuary” definition is unclear. Cities or counties that have declared themselves “sanctuary cities” may also face threats of loss of federal grant funds. There will undoubtedly be legal challenges if the federal government actually does take away federal grant funds for sanctuary states, counties or cities, but there is some legal authority for them to do so.

There are still many unknowns in terms of future federal immigration enforcement policy. Congress could make changes in the federal law, the Oregon legislature could modify state statute, and a city or county could reconsider their level of cooperation with federal immigration authorities. Federal courts will almost certainly weigh in on these issues at some point. Oregon Sheriffs will continue to keep the lines of communication open with federal officials and state partners as this issue unfolds.

For the time being, Oregon Sheriffs are bound to follow state law, which currently only allows exchange of information with ICE when a foreign-born person is arrested. Oregon Sheriffs are also required to follow local ordinances enacted by their county governing bodies. Each Sheriff in Oregon is elected by the people and stands ready to answer law enforcement questions you may have about your county.

Executive Order on Immigration

https://www.whitehouse.gov/the-press-office/2017/01/25/executive-order-border-security-andimmigration-enforcement-improvements

ORS 181A.820

https://www.oregonlaws.org/ors/181A.820

Oregon court case finding 4th Amendment Violation for honoring ICE detainer request

http://crimmigration.com/2014/04/17/oregon-federal-court-detainer-led-to-fourth-amendmentviolation/

8 U.S. Code 1373 

https://www.law.cornell.edu/uscode/text/8/1373

Sincerely,

Pat Garrett

Sheriff, Washington County

President, Oregon State Sheriffs’ Association

http://www.ktvz.com/news/oregon-sheriffs-quick-change-in-immigration-actions-unlikely/296477600
  Read more about Oregon sheriffs: Quick change in immigration actions 'unlikely'

WASHINGTON — President Trump moved aggressively to tighten the nation’s immigration policies Wednesday, signing executive actions to jumpstart construction of a U.S.-Mexico border wall and block federal grants from immigrant-protecting “sanctuary cities.”

“We’ve been talking about this right from the beginning,” Trump said during a brief signing ceremony at the Department of Homeland Security.

...Trump cast his actions as fulfillment of his campaign pledge to enact hard-line immigration measures, including construction of a wall paid for by Mexico.

While Trump has repeatedly said the border structure will be a wall, his spokesman Sean Spicer said more generally Wednesday the president was ordering construction of a “large physical barrier.”

Mexican President Enrique Pena Nieto, who has insisted his country will not pay for a wall, is to meet with Trump at the White House next week.

The orders Trump signed Wednesday also increase the number of border patrol and Immigration and Customs Enforcement agents to be hired. And the president ordered the end of what Republicans have labeled a catch-and-release system at the border...

Later in the week, Trump is expected to sign orders restricting the flow of refugees into the United States...

Trump campaigned on pledges to tighten U.S. immigration policies, including strengthening border security and stemming the flow of refugees. His call for a border wall was among his most popular proposals with supporters, who often broke out in chants of “build that wall” during rallies.

In response to terrorism concerns, Trump controversially called for halting entry to the U.S. from Muslim countries. He later turned to a focus on “extreme vetting” for those coming from countries with terrorism ties.

To build the wall, the president may rely on a 2006 law that authorized several hundred miles of fencing along the 2,000-mile frontier. That bill led to the construction of about 700 miles of various kinds of fencing designed to block both vehicles and pedestrians.

The Secure Fence Act was signed by then-President George W. Bush, and the majority of that fencing in Texas, New Mexico, Arizona and California was built before he left office. The last remnants were completed after President Obama took office in 2009.

The Trump administration also must adhere to a decades-old border treaty with Mexico...

Trump’s order to crack down on sanctuary cities — locales that don’t cooperate with immigration authorities — could cost individual jurisdictions millions of dollars....

It appeared as though the refugee restrictions were still being finalized. ...

There is also likely to be an exception for those fleeing religious persecution if their religion is a minority in their country. That exception could cover Christians fleeing Muslim-majority nations.

As president, Trump can use an executive order to halt refugee processing. Bush used that same power in the immediate aftermath of the Sept. 11 attacks. Refugee security vetting was reviewed and the process was restarted several months later.

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Zoll reported from New York. AP writer Alicia Caldwell in Washington contributed to this report. Read more about President Trump moves to build border wall, block funding to ‘sanctuary cities’

Around 600 Oregon protesters rallied around the state capitol in Salem on Jan. 14, showing support for elected representatives and organizers vowing to protect undocumented immigrants and their families.

Residents from across Oregon filled the Oregon State Capitol fountain grounds at 2:00 p.m. They cheered to speeches from U.S. Senator Wyden, state and district representatives, along with immigrant’s rights advocates. The leaders expressed defiance to President-elect Donald Trump’s campaign promises, which includes to overturn Deferred Action for Childhood Arrivals (DACA) and deport 11 million undocumented immigrants.

“[Trump]’s policies lack empathy, lack compassion. They lack the understanding that undocumented workers and their families are key components of the American economy — and that they are Americans,” U.S. Sen. Ron Wyden said to the crowd, alongside a Spanish translator. Wyden told the Emerald that he will support the Bridge Act, a bipartisan legislation introduced to U.S. Senate last month to allow those receiving DACA to remain in the United States. DACA protects young undocumented immigrants who came to the U.S. as children from deportation, and provides them with temporary work permits.

Jeff Stone, Executive Director of Oregon Association of Nurseries, cited a report his group, along with business and civic leaders, released. According to the report, immigrants make up 10 percent of Oregon’s population and contributed $24.4 billion in taxes and earn 9 percent of state earnings.

“You are important,” Stone said. “In America, every immigrant class has come to our country and made it better. And one of our most enduring symbols — the statue of liberty — embodies the great torch of freedom that welcomes the world to our shores.”

The crowd became especially animated when newly-elected Oregon House of Representatives leader Teresa Alonso Leon was introduced. She became the first immigrant Latina to be elected to Oregon State Legislature.

The daughter of migrant workers, Leon described picking berries during summers to support her family. She eventually became the first person in her family to graduate from college, which she said was due to her hard-work, but not without the “kindness of dedicated educators.” One of Leon’s campaign goals was for increased college affordability.

“I remember years ago standing on these same steps as a young girl for the first time. When I was here then, I didn’t see anyone who looked like me,” Leon said in front of the capitol building. “Now, just days ago, my young niece Emma, was able to watch her tia be sworn in as state representative, and it brought tears to my eyes.” She said that Emma now aspires to be the first Latina president of the United States.

Fatima Preciado was the last speaker. Preciado is a DACA recipient, who was brought to America from Apatzingan, Mexico.

“As a four-year-old crossing the border, I did not understand the complexity, risk and sacrifice my parents were making by bringing me to this country,” Preciado said. “But now that I understand, I am not ashamed.”

Preciado was named 2016 Oregon Youth of the Year by Oregon’s Boys & Girls Clubs in her senior year, and then became the first in her family to attend a four-year university. But that could be taken away from her, if President-elect Trump follows through with his talk of repealing DACA.

“The threat is real and we need our state leaders to protect us from Trump’s dangerous and inhumane policies,” Preciado said.

The crowd then marched around the capitol — where two protestors held a banner with an image of the Statue of Liberty. It read “No Human Being is Illegal.”

Around 600 people from across Oregon rallied at the Oregon State Capitol, before marching around it. (Andrew Field / Emerald) Read more about Sen. Wyden and state representatives pledge to protect undocumented immigrants at Oregon capitol

Multiple nonprofits, including unions and immigrants rights groups, are traveling to Salem on Jan. 14 to participate in the United for Immigrants Rights Rally. Set a week prior to the Jan. 20 presidential inauguration...

Phil Carrasco with Grupo Latino de Accíon Directa is orchestrating a trip from Eugene to Salem...

“We do believe that a lot of these policies being proposed are really based in hate and funded by hate groups and xenophobic groups.” And, he says, they also believe that the right to be in this country and walk freely is an exclusive privilege.

Carrasco says there’s been a call to repeal the state’s sanctuary status, which would allow the federal government to use state resources to enforce immigration policy. He says the effort could possibly show up as a ballot measure.

This is not the first time a state law that affects immigrants would be addressed in the form of a ballot measure. In 2014, Measure 88 failed to garner enough votes to grant driver cards to all Oregon residents, though the Oregon Legislature passed Senate Bill 833, which permitted Oregonians to apply for driver cards, regardless of their immigration status.

Ultimately, SB 833 never went into effect.

Many people who do not have legal status in the U.S. pay taxes, funding roads, schools and other state resources, Carrasco says. “It’s important that it’s not just Latino-centric organizations participating,” he says.

Organizations representing health care, working families and labor unions are among the participants. Carrasco says these groups acknowledge that “an injury to one is an injury to all.”

Around 500 people are expected to attend, with 2,000 interested in the Facebook event. Carrasco invites anyone interested in attending and carpooling to contact him.

He adds that the event is “part of a national day of action to defend immigrant rights and to denounce Trump’s agenda of hate and exclusion in our state.”

The United for Immigrant Rights Rally is 11:30 am Saturday, Jan. 14, at the Capitol building in Salem. GLAD is on Facebook at latinocommunityactiongroup. And for carpool information contact Phil Carrasco at 541-337-6391. Read more about Salem Immigrant Rights Rally to denounce Trump agenda

SALEM — A pro-immigrant rally set for Saturday, Jan. 14, at the Oregon Capitol could draw several hundred demonstrators opposed to President-elect Donald Trump's positions on immigration.

U.S. Sen. Ron Wyden, U.S. Rep. Kurt Schrader and several state lawmakers are scheduled to participate in the rally from 11:30 a.m. to 1 p.m. on the steps of the Capitol.

As of Wednesday, Jan. 11, more than 500 people had indicated they plan to attend and 2,000 had expressed interest on the event's Facebook page.

The rally is one of 50 "National Day of Action Events Against Trump Policies," according to a news release by the One Oregon coalition.

Trump has said that he will seek to deport millions of undocumented immigrants from the country, end executive orders by President Obama that shield certain illegal immigrants from deportation, and start a Muslim registry.

The coalition is "deeply concerned about the impact this will have on immigrant and refugee communities, who are integral to Oregon's economy and future," said Diane Goodwin, a spokeswoman for Basic Rights Oregon, a member of One Oregon.

One of Obama's executive orders, known as Deferred Action for Childhood Arrivals, or DACA, protects from deportation undocumented immigrants who were brought to the United States as children. Young people who are eligible must apply for the program every two years, receive a work permit and may attend college.

"There are more than 700,000 individuals nationally and about 15,000 in Oregon whose lives are at stake, whose ability to continue their education and their career is at stake based on what President-elect Trump does," said Andrea Williams, executive director of Causa. "A lot of times, they have never been to their home country, don't know the language or have not been there for a very long time."

State lawmakers who have given their RSVP for Saturday's rally include Portland Democrats Rep. Alyssa Keny-Guyer, Sen. Michael Dembrow, Rep. Diego Hernandez, and Rep. Rob Nosse. Woodburn Democrat Rep. Teresa Alonso Leon, who became a U.S. citizen just five years ago, also plans to attend.

The One Oregon coalition of 60 organizations opposes anti-immigrant policies. Immigrant rights organizations Causa, APANO and Unite Oregon lead the group.

The coalition plans to support state legislation in 2017 aimed at reducing racial profiling during police stops, expanding Medicaid to more children and increasing affordable housing funding.

There are no known counter protests to the event. Oregonians For Immigration Reform, which frequently clashes with Causa on policy proposals, had no plans for a counter demonstration Saturday, said OFIR President Cynthia Kendoll. OFIR has scheduled a meeting the same day as the demonstration to discuss the results of the election and 2017 legislation.

Trump's immigration proposals have begun to address many of the frustrations some Americans have had with immigration policy and practices, Kendoll said.

"I think the Trump administration has nailed it when he said we need to reassess what we are doing and why and how is it benefiting the United States," Kendoll said.

She said she supports Trump's plan to end the DACA program.

"Those parents made the choice for their children to pick them up and bring them to this country," Kendoll said. "I didn't make that choice for them."

OFIR attempted to advance ballot initiatives last year that would have made English the official language of Oregon, required businesses to use a federal program to verify citizenship of employees and required proof of citizenship to vote. The initiatives ultimately were tied up in court after immigrant rights organizations and the ACLU challenged the ballot titles.

OFIR plans to offer at least four pieces of legislation next session, though Kendoll declined to disclose specifics Wednesday, Jan. 11. None are expected to gain momentum in the Democratic-controlled Legislature.

Also published in the East Oregonian Read more about Hundreds expected at rally against Trump's immigration proposals