Oregon's sanctuary law

 
January 8, 2017
 
The section of Oregon law that limits cooperation between local Oregon law enforcement and Federal immigration enforcement is cited briefly as ORS 181A.820, or more fully as Oregon Revised Statutes 181A.820.  It is informally referred to as Oregon’s sanctuary law.
 
It is now included in Chapter 181A — State Police; Crime Reporting and Records; Public Safety Standards and Training; Private Security Services.  The full Chapter is online at: www.oregonlegislature.gov/bills_laws/ors/ors181A.html.
 
Here is the text of part 181A.820, which is headed PUBLIC SAFETY PERSONNEL GENERALLY.
 
      181A.820 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 present 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 Bureau of Immigration and Customs Enforcement, the United States Bureau of Citizenship and Immigration Services and the United States Bureau of Customs and Border Protection 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 records of the United States Bureau of Immigration and Customs Enforcement, the United States Bureau of Citizenship and Immigration Services or the United States Bureau of Customs and Border Protection.
      (3) Notwithstanding subsection (1) of this section, a law enforcement agency may arrest any person who:
      (a) Is charged by the United States with a criminal violation of federal immigration laws under Title II of the Immigration and Nationality Act or 18 U.S.C. 1015, 1422 to 1429 or 1505; and
      (b) Is subject to arrest for the crime pursuant to a warrant of arrest issued by a federal magistrate.
      (4) For purposes of subsection (1) of this section, the Bureau of Labor and Industries is not a law enforcement agency.
      (5) As used in this section, “warrant of arrest” has the meaning given that term in ORS 131.005. [Formerly 181.850]

Legislative history of Oregon’s sanctuary law

The sanctuary law started out as HB 2314 in the 1987 session of the Oregon Legislature.  The bill was pre-session filed at the request of the Joint Interim Judiciary Committee for the Hispanic Political Action Committee. The House Judiciary Committee held a hearing on February 6, and the bill passed the House on February 20, with 54 Ayes and 3 Nays, Reps. Verner Anderson, George Gilman, and George Trahern. Three House members were excused from voting.  The Senate Judiciary Committee held a hearing on May 20, and the bill passed the Senate with amendments on June 9, with 29 Ayes and 1 Nay, Sen. Lenn Hannon.   On June 11, the House concurred in the Senate’s amendments and repassed the measure with 58 Ayes and 1 Nay, Rep. Trahern. One House member was excused from voting.  The Governor signed the bill on July 7, 1987.
 
As passed then, the official description of the bill, from House Calendar, said:  “Prohibits state and local law enforcement agencies from enforcing immigration laws.  Permits law enforcement agency to [contact] exchange information with United States Immigration and Naturalization Service in order to verify immigration status of person arrested for criminal offense or request criminal investigation information about persons named in service records.  Specifies that Bureau of Labor and Industries is not law enforcement agency for purposes of prohibition.
 
Since passage in 1987, the law has been amended somewhat and there have been various attempts to repeal it.  It was cited as ORS 181.850 for many years and changed to ORS 181A.820 recently.
 
Here is the wording of the law as originally passed and printed in Oregon Laws 1987:
 
CHAPTER 487. An Act, HB 2314, Relating to law enforcement.  
Be It Enacted by the People of the State of Oregon:
 
SECTION 1.   (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.
(c) For purposes of subsection (1) of this section, the Bureau of Labor and Industries is not a law enforcement agency.
Approved by the Governor July 7, 1987
Filed in the office of Secretary of State July 8, 1987