State Police

ORS 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 United States Immigration and Customs Enforcement, United States Citizenship and Immigration Services and United States 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 United States Immigration and Customs Enforcement, United States Citizenship and Immigration Services or United States 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 (General definitions). [Formerly 181.850; 2019 c.13 §32]

(formerly 181.850)

Notes of Decisions

This section neither expressly nor impliedly creates private right of action for violation by public body. Cruz v. Multnomah County, 279 Or App 1, 381 P3d 856 (2016)

Source

Last accessed
Jun. 26, 2021

REMOVE ADS