TO: Mayor and City Council
THROUGH: Krishna Namburi, City Manager
FROM: Dan Atchison, City Attorney
SUBJECT:
title
City policy and practice regarding federal immigration enforcement.
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Safe and Healthy Community.
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SUMMARY:
summary
Overview of the City’s policy and practice regarding federal immigration enforcement.
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ISSUE:
Information only.
RECOMMENDATION:
recommendation
Information only.
body
FACTS AND FINDINGS:
Enforcement of federal immigration law is the sole responsibility of the federal government. Oregon law prohibits the state and local government and their employees from assisting federal agencies with immigration enforcement. Federal law also prohibits the City from interfering with federal immigration enforcement. City Council adopted policy implementing Oregon sanctuary law by ensuring that no City employees or City funds are used to assist federal agencies in immigration enforcement and limiting the collection of personal information regarding citizenship, except as required by law.
Oregon Sanctuary Law - (Oregon DOJ Sanctuary Promise Guidance website - <https://www.doj.state.or.us/oregon-department-of-justice/civil-rights/sanctuary-promise/>)
• Oregon’s sanctuary laws are codified under ORS 180.805, 180.810, and 181A.820 to 181A.829. The laws are very specific and grant certain exceptions depending on the government agency involved and the exact situation of the involved person.
• Oregon public bodies and law enforcement agencies cannot inquire about immigration status or be involved in federal immigration enforcement efforts-Except as required by state or federal law, services, benefits, or other opportunities cannot be denied to any person who is in custody based on immigration status.
• Individuals do not have to share and should not be asked for information about country of birth, immigration, or citizenship status by state or local law enforcement or government agencies. There are exceptions.
City of Salem Policy
• Council Policy A-9
o City employees carry out their duties for the purpose of administering City services and programs and not dictated by federal agencies enforcing immigration laws;
o The City follows applicable law to assess eligibility for services, and that the City shall not discriminate against any user of City services.
• Resolution No. 2017-22
o Salem is an Inclusive City that embraces, celebrates, and welcomes its immigrant and refugee residents and their contributions to the collective prosperity of all residents;
o Use of City funds, personnel or equipment for the enforcement of federal immigration law is prohibited;
o The provision of services or benefits by the City shall not be conditioned upon a resident’s federal immigration status, except as required by law;
o No city funds, personnel, or equipment shall be used for, or to assist in, the enforcement of any federal law.
Salem Police Department policy and practice
The law in Oregon is unambiguous: all police officers in our state are barred from assisting federal authorities with immigration enforcement, except in very narrow circumstances, such as when required by a valid court order.
The City of Salem does not use Flock systems or cameras. Instead, the City owns and manages its own Automatic License Plate Reader (ALPR) camera system, in use for nearly 20 years in patrol vehicles and at stationary locations. All data is stored on a City server, used only for official law enforcement purposes, shared solely with authorized state partners, and fully audited for compliance with state law. This system, supported in part by state grants, is a key tool in the Community Violence Reduction Initiative. Data from photo-enforcement cameras (red light and speed-on-green) is not shared with ICE.
Federal immigration authorities do not have the right to enter private areas of public buildings for the purpose of enforcing federal immigration law unless they have a judicial warrant or other order signed by a judge. City staff are advised, consistent with Oregon and federal law, to not interfere with federal immigration authorities while also not granting permission to enter private areas and therefore not assisting enforcement.
The public can find valuable resources for understanding our sanctuary laws on the Oregon Department of Justice's Sanctuary Promise Guidance website. There, you'll find information and resources for community members, schools, law enforcement, and more. As stated on the DOJ’s website:
• You may not be investigated or interrogated by state or local law enforcement for immigration enforcement purposes.
• Your information should not be shared by state or local law enforcement to assist in detaining you or any individual for immigration purposes.
• All requests from federal agencies to state or local government agencies or law enforcement about immigration enforcement without a judicial order should be documented, reported and denied by the local agency receiving the request.
• State law prohibits law enforcement from arresting you in a court facility, or while you are traveling to or from court, with any immigration warrant except a judicial warrant or order signed by a judge (for more information about different types of warrants, see our Glossary). This provision may not be enforceable against federal immigration authorities.
• State or local law enforcement or public agencies must refuse and reject collaboration with federal authorities for immigration enforcement purposes, including setting up traffic stops or traffic perimeters to enforce federal immigration laws/orders.
Beyond the Statewide legal restrictions, Salem Police policies ensure officers are never involved in immigration enforcement activities. These policies are publicly available here <https://www.cityofsalem.net/community/safety/police/building-trust-with-the-community/salem-police-policies-and-procedures> at the Police transparency portal <https://www.cityofsalem.net/community/safety/police/building-trust-with-the-community/salem-police-transparency-portal>.
Resources for residents affected by ICE enforcement
• Oregon DOJ Sanctuary Promise Guidance - <https://www.doj.state.or.us/oregon-department-of-justice/civil-rights/sanctuary-promise/>
• Community Resources - <https://www.cityofsalem.net/community/library/online-resources/community-resources-and-support>
• ACLU, Oregon - <https://www.aclu-or.org/know-your-rights-immigrants-rights-general/>
• Legal Aid Services of Oregon - <https://lasoregon.org/locations/salem-regional-office/>
• Oregon for all - <https://www.oregonforall.us/hotlines>
BACKGROUND:
Oregon sanctuary law was first enacted in 1987. In 1997, the Salem City Council adopted Council Policy A-9 and adopted Resolution No. 2017-22 in 2017 supporting Oregon sanctuary law and implementing it in Salem.
Dan Atchison,
City Attorney
Attachments:
None.