Prohibition on use of public resources for immigration enforcement
- submission to Oregon Criminal Justice Commission
- disclosure to Department of Justice
- reporting requirements
- civil action
(1)Public facilities, property, moneys, equipment, technology or personnel may not be used for the purpose of investigating, detecting, apprehending, arresting, detaining or holding individuals for immigration enforcement.
(2)Actions with a purpose described in subsection (1) of this section include, but are not limited to, the following:
(a)Granting a federal immigration agency access to an area of a facility that is not normally open to the public.
(b)Supporting or assisting a federal agency in immigration enforcement, including but not limited to any of the following:
(A)Providing information, including but not limited to an individual’s contact information, country of birth, custody status, release date, parole, probation or post-prison supervision appointment dates or times, or home or work address, except as provided in ORS 181A.823 (Prohibitions related to immigration enforcement);
(B)Investigating or interrogating individuals for immigration enforcement; or
(C)Establishing traffic perimeters for the purpose of supporting or facilitating immigration enforcement.
(3)Intentionally left blank —Ed.
(a)If a public body receives a communication or request from a federal agency that relates to immigration enforcement, other than a judicial subpoena described in ORS 181A.823 (Prohibitions related to immigration enforcement) (1)(c)(A), the public body shall decline the request and document the communication or request. The documentation described in this subsection must be provided to the director or other similar management personnel of the public body.
(b)The public body shall submit the information documented under this subsection to the Oregon Criminal Justice Commission pursuant to procedures established by the commission. The commission shall require at least monthly submission of the information described in this subsection.
(c)A public body shall adopt internal procedures to carry out this subsection.
(4)Intentionally left blank —Ed.
(a)The commission shall publish and continually update, on a website operated by or on behalf of the commission, an entry for each communication or request described in subsection (3) of this section, the public body that received the communication or request, the federal agency involved in the communication or that made the request and a summary of the public body’s response to the communication or request.
(b)The information contained on the website described in this subsection may not contain any personally identifiable information of the individuals involved in the communication or request, including of an individual targeted by federal immigration authorities, an individual who reported the communication or request, an individual who witnessed the communication or request or report of the communication or request or the family members of an individual described in this paragraph.
(c)Intentionally left blank —Ed.
(A)Information obtained by the commission under this subsection may be used only for statistical purposes and coordination with the sanctuary violation reporting mechanism established under ORS 181A.827 (Sanctuary violation reporting mechanism).
(B)Information described in this subsection that may reveal the identity of an individual described in paragraph (b) of this subsection is exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).
(C)Pursuant to a request from the Department of Justice, the commission may release to the department information described in this subsection that is necessary to investigate a report made to the sanctuary violation reporting mechanism established under ORS 181A.827 (Sanctuary violation reporting mechanism) if the information is used to support an individual described in paragraph (b) of this subsection.
(d)Not later than July 1, 2022, and at least annually thereafter, the commission shall issue a report that summarizes the information reported to the commission and published on the website described in this subsection. The commission shall provide the report to the Governor, the Legislative Assembly, the district attorneys of this state, the Department of State Police, each law enforcement agency in this state and the Department of Public Safety Standards and Training.
(5)Any person may bring a civil action against a law enforcement agency or public body that violates subsection (1) of this section to enjoin the violation. [2021 c.550 §3]
Section 181A.826 — Prohibition on use of public resources for immigration enforcement; documentation; submission to Oregon Criminal Justice Commission; website; disclosure to Department of Justice; reporting requirements; civil action,