Conservators of the Peace

Legal Analysis: President’s Executive Order of January 25, 2017

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

 

 

 

 

 

 

 

Sheriff Pat Garrett           Sheriff Matt English       Sheriff Craig Roberts

Washington County         Hood River County         Clackamas County

OSSA Statement on Exec Order (Immigration) 01-27-17

Message from the OSSA President

washington-pat-garrettAs the newly elected president, I am honored to represent all 36 Oregon sheriffs.

The sheriff has historically been the chief executive officer of the county, and this is still true under Oregon law. Elected by you and answering directly to the voters, your sheriff can be an effective voice of the people in the serious work of protecting the community. OSSA enables us to work together to serve you best.

By way of introduction, I am in my second term as the Washington County Sheriff, where deputies serve over a half million residents across 727 square miles of rural areas, urban communities, and cities. Our deputies also operate the only county jail. While Oregon counties are diverse in terms of climate, population, and economic drivers, your sheriffs work together to solve problems and challenges that we have in common.

The sheriffs of America have always played a significant role in the history of our nation; in fact, the office of Sheriff was the first county office established in the United States. Also, the first person to read the Declaration of Independence publicly was Philadelphia Sheriff John Nixon in Pennsylvania in 1776.

I look forward to working together to strengthen the office of Sheriff and the communities we proudly serve. Thank you for your continued support of the men and women on shift every day to keep our diverse and proud communities safe.

Sincerely,
pat

Pat Garrett
President and Washington County Sheriff.

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