Vote Smart's Synopsis:

Vote to pass a bill that expands and strengthens the state's sanctuary law related to undocumented immigrants.

Highlights:

• Defines “federal immigration authority” as the United States Department of Homeland Security, the United States Immigration and Customs Enforcement, the United States Citizenship and Immigration Services, the United States Customs and Border Protection or a successor agency, any other federal immigration agency or official, or any other entity to which a federal immigration agency delegates or assigns the authority to detect, investigate or enforce violations of immigration law (Sec. 1-2).

• Prohibits a law enforcement agency or public body from doing the following (Sec. 2-1):

• Except as required by state or federal law, deny services, benefits, privileges or opportunities to an individual in custody, or on parole, probation or post-prison supervision, on the basis of known or suspected immigration status, the existence of an immigration detainer, hold, notification or other related federal immigration request or a civil immigration warrant;

• Inquire into or collect information about an individual’s immigration or citizenship status or country of birth unless:

• The information is required to advance an investigation into a violation of state or local criminal law;

• The information is submitted to a court of this state, whether orally or in writing, in connection with a proceeding in that court; or

• As necessary to determine the individual’s eligibility for a benefit that the individual is seeking; or

• Provide information about an individual in the custody of the public body or law enforcement agency to a federal immigration authority for the purpose of civil immigration enforcement, except:

• As may be required by a judicial subpoena issued as part of a court proceeding or by another compulsory court-issued legal process; or

• To the extent that the information is available to the general public and under the same terms and conditions as the information is available to the general public.

• Prohibits public facilities, property, money, equipment, technology or personnel from being used for the purpose of investigating, detecting, apprehending, arresting, detaining or holding individuals for immigration enforcement (Sec. 3-1).

• Requires the Department of Justice to create a sanctuary violation reporting mechanism to receive reports of alleged violations. The sanctuary violation reporting mechanism must (Sec. 4-1):

• Be coordinated with the Oregon Criminal Justice Commission to develop a standardized intake process for reports made through the hotline or online system;

• Collect all data possible regarding agencies, personnel, locations and individuals involved with violations reported through the hotline or online system;

• Provide culturally competent assistance, referrals and resources to an individual targeted by a violation reported through the hotline or online system, and ensure that the assistance, referrals and resources are designed to reduce the effects of trauma and prevent further trauma; and

• Coordinate with local organizations and service providers to assist individuals targeted by violations reported through the hotline or online system and families of those individuals.

• Prohibits an individual who, in good faith, is attending a court proceeding in which the individual is a party or potential witness, or family or household member of a party or potential witness, from being subject to civil arrest while going to, remaining at or returning from the court proceeding, unless the civil arrest is supported by a judicial warrant or judicial order that authorizes the civil arrest (Sec. 5-2).

• Prohibits a public body or law enforcement agency from entering into or renew an agreement, contract, memorandum of understanding or other arrangement under which the public body or law enforcement agency detains or houses individuals who are in the custody of a federal immigration authority for violations of federal immigration law (Sec. 6-2).

• Classifies “information concerning a person’s citizenship or immigration status” as information about whether a person is a citizen of the United States or has lawful authority to be present in the United States, either through a visa, a green card or another official documentation. The term does not include information consisting of a person’s address, location, contact information, relatives, associates or other information that could lead to the detection or apprehension of the person (Sec. 8.b).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that expands and strengthens the state's sanctuary law related to undocumented immigrants.

Highlights:

• Defines “federal immigration authority” as the United States Department of Homeland Security, the United States Immigration and Customs Enforcement, the United States Citizenship and Immigration Services, the United States Customs and Border Protection or a successor agency, any other federal immigration agency or official, or any other entity to which a federal immigration agency delegates or assigns the authority to detect, investigate or enforce violations of immigration law (Sec. 1-2).

• Prohibits a law enforcement agency or public body from doing the following (Sec. 2-1):

• Except as required by state or federal law, deny services, benefits, privileges or opportunities to an individual in custody, or on parole, probation or post-prison supervision, on the basis of known or suspected immigration status, the existence of an immigration detainer, hold, notification or other related federal immigration request or a civil immigration warrant;

• Inquire into or collect information about an individual’s immigration or citizenship status or country of birth unless:

• The information is required to advance an investigation into a violation of state or local criminal law;

• The information is submitted to a court of this state, whether orally or in writing, in connection with a proceeding in that court; or

• As necessary to determine the individual’s eligibility for a benefit that the individual is seeking; or

• Provide information about an individual in the custody of the public body or law enforcement agency to a federal immigration authority for the purpose of civil immigration enforcement, except:

• As may be required by a judicial subpoena issued as part of a court proceeding or by another compulsory court-issued legal process; or

• To the extent that the information is available to the general public and under the same terms and conditions as the information is available to the general public.

• Prohibits public facilities, property, money, equipment, technology or personnel from being used for the purpose of investigating, detecting, apprehending, arresting, detaining or holding individuals for immigration enforcement (Sec. 3-1).

• Requires the Department of Justice to create a sanctuary violation reporting mechanism to receive reports of alleged violations. The sanctuary violation reporting mechanism must (Sec. 4-1):

• Be coordinated with the Oregon Criminal Justice Commission to develop a standardized intake process for reports made through the hotline or online system;

• Collect all data possible regarding agencies, personnel, locations and individuals involved with violations reported through the hotline or online system;

• Provide culturally competent assistance, referrals and resources to an individual targeted by a violation reported through the hotline or online system, and ensure that the assistance, referrals and resources are designed to reduce the effects of trauma and prevent further trauma; and

• Coordinate with local organizations and service providers to assist individuals targeted by violations reported through the hotline or online system and families of those individuals.

• Prohibits an individual who, in good faith, is attending a court proceeding in which the individual is a party or potential witness, or family or household member of a party or potential witness, from being subject to civil arrest while going to, remaining at or returning from the court proceeding, unless the civil arrest is supported by a judicial warrant or judicial order that authorizes the civil arrest (Sec. 5-2).

• Prohibits a public body or law enforcement agency from entering into or renew an agreement, contract, memorandum of understanding or other arrangement under which the public body or law enforcement agency detains or houses individuals who are in the custody of a federal immigration authority for violations of federal immigration law (Sec. 6-2).

• Classifies “information concerning a person’s citizenship or immigration status” as information about whether a person is a citizen of the United States or has lawful authority to be present in the United States, either through a visa, a green card or another official documentation. The term does not include information consisting of a person’s address, location, contact information, relatives, associates or other information that could lead to the detection or apprehension of the person (Sec. 8.b).

Full Bill Text