Initiative Aims to End the Scourge of Excess Humanity in Treatment of Undocumented Residents

Letting the feds run the show on subjects where the US Constitution puts the feds in sole charge must make too much sense and save too much money

Another recycled idea that didn’t make it onto the 2016 ballots has been re-filed for 2018. This one is notable only because it includes a state representative from Medford among its chief petitioners. The proposed initiative, 2018-006, declares itself to be about “Repeal of Oregon’s Sanctuary Law.” Oddly, the filed text fails to show that the initiative is to delete the language of the statute, which reads as follows today.


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]