TO: Mayor and City Council
THROUGH: Krishna Namburi, City Manager
FROM: Dan Atchison, City Attorney
SUBJECT:
title
Emergency Declaration related to community impacts of federal immigration enforcement (Resolution No. 2025-33).
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
Several community members expressed concerns about U.S. Immigration and Customs Enforcement (ICE) officers engaging in conduct that infringes on the constitutional rights of members of the Salem community, including but not limited to: arresting and detaining individuals without affording due process rights; refusing to share information about the reason for an individual’s arrest or the location where an individual will be detained; routinely wearing masks and refusing to provide identification; and questioning residents and visitors about their immigration status based on their race, ethnicity, language, accent, occupation, or presence at certain locations within the City of Salem. The proposed emergency declaration reaffirms City policy and its commitment to Oregon sanctuary laws and our residents affected by federal immigration enforcement.
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ISSUE:
Shall City Council adopt Resolution No. 2025-33 declaring and emergency related to the impacts of federal immigration enforcement?
RECOMMENDATION:
recommendation
Adopt Resolution No. 2025-33 declaring and emergency related to the impacts of federal immigration enforcement
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FACTS AND FINDINGS:
On November 24, 2025, City Council directed staff to prepare a declaration of a state of emergency in Salem related to the impacts of federal immigration enforcement. 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.
The proposed declaration authorizes the following actions:
a) Installation of signage of non-public spaces within City-owned or occupied facilities that are not accessible to the general public, including offices and other restricted-entry areas.
b) Coordination with community partners, including immigrant rights advocates, legal services providers, educational institutions, local business owners, neighborhood leaders, and faith leaders, to support programs for communication, and outreach for the emergency impacts of federal immigration enforcement.
c) Consider implementation of legally defensible programs, policies, and resources that protect and support employees and the community.
d) Provide training to City employees on City and State sanctuary policies and laws, including protocols for employees to follow in the event federal immigration authorities appear at City facilities to include, in addition to the minimum requirements of state law and access to resources for City employees directly affected by federal immigration authority enforcement action.
e) Regular review of programs and services to identify ways to further enhance the goals of this declaration and implement best practices and policies for communities impacted by immigration.
f) Provide periodic reports to the Council regarding the implementation of this declaration.
Further, the declaration;
• Condemns the misuse of immigration enforcement to detain and deport individuals who are lawfully present in the United States and simply exercising their constitutionally protected rights particularly when such actions are politically motivated or conducted without due process.
• Declares that no matter when someone has joined our community or where they have come from, every person deserves to be free of fear and intimidation and to be treated with dignity and respect.
• Condemns immigration enforcement actions that violate the law or U.S. or Oregon constitutions, targeting our students and families and calls for an immediate end to such actions, which are having a chilling effect throughout our schools, communities and our State.
• Calls on all elected officials, including members of Congress from Oregon, to publicly denounce these unconstitutional actions, demand immediate oversight and transparency from immigration enforcement agencies, and work to ensure the rights of all individuals-regardless of immigration status-are fully protected under the Constitution.
• Requests that members of Congress from Oregon enact a comprehensive approach to solve our broken immigration system in order to provide a realistic pathway to citizenship for all aspiring Americans.
• Requests that members of Congress from Oregon enact legislation to protect our immigrant and other vulnerable communities from the unlawful and unnecessary actions being taken by federal agents in the name of immigration enforcement, such as imposing a mask ban or imposing identification requirements.
• Requests that the State of Oregon provide support and resources to community partners to enhance services and aid to residents impacted by federal immigration enforcement.
Other potential actions. At the November 24, 2025 Council meeting, Council received public comment from community members seeking the City address the following:
• The creation of “sanctuary zones” at schools: The City and the Salem Keizer School District are separate governments. The City does not have authority to require the District or schools to regulate activities within their properties. Further, it is unclear what policies or regulations the District could implement that would provide additional protection for students beyond the requirements of Oregon sanctuary law.
• Prohibit cooperative or assistance agreements between the City/Police Department and federal immigration enforcement agencies: Such agreements are already prohibited in Oregon by virtue of Oregon sanctuary law and the City independently prohibits them by virtue of Council Policy.
• Suspension of Flock Camera Systems: The City does not use Flock systems but instead uses automated license plate recognition program (ALPR). Data from this system is stored on City servers and is not shared with federal immigration enforcement agencies. The City will continue to ensure that this information remains protected and not disclosed.
• Advocate for Marion County litigation involving the State of Oregon and the federal government: The litigation concerns the interplay of federal immigration law requirements and Oregon sanctuary law. The State of Oregon has filed a motion to dismiss the case which is pending with the Court. The City is not a party to the litigation and has no standing to advocate that it be dismissed. The case is specific to issues that involve jurisdictions that maintain jails and perform parole/post-conviction services, which affect counties and not the City of Salem. Any decision in that case is unlikely to directly affect the City and its compliance with Oregon sanctuary law.
• Limitation on Local Law Enforcement: Attached to this staff report is a legal memorandum explaining that Salem Police are limited in their ability to enforce laws against federal law enforcement agents who are acting in their official capacity.
SRC 2.670 authorizes the City Manager to submit a request to City Council to declare an emergency when a state of emergency is threatened to occur within the City. Resolution No. 2025-33 (Attachment 1) provides the nature of the emergency, the geographic area affected, threatened emergency conditions, potential damage, and the actions to be initiated to alleviate the situation.
BACKGROUND:
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.
On December 15, 1997 the Salem City Council adopted Council Policy A-9 declaring the City’s role relating to federal enforcement of immigration law. The Policy recognizes the federal government’s legal authority to enforce immigration laws in the United States. The Policy, consistent with federal law and with Oregon law, ORS 181A.820 - 180A.829, relating to immigration, provides that;
• City employees carry out their duties for the purpose of administering City services and programs and do not perform duties dictated by federal agencies enforcing immigration laws;
• The City follows applicable law to assess eligibility for services, and that the City shall not discriminate against any user of City services in terms of race, sex, color or nation origin, and will not require information regarding race, sex, color or national origin unless that information is required by law.
On February 27, 2017, the Salem City Council adopted Resolution No. 2017-22, identifying Salem as an Inclusive City, declaring that;
• 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;
• Use of City funds, personnel or equipment for the enforcement of federal immigration law is prohibited;
• 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;
• No city funds, personnel, or equipment shall be used for, or to assist in, the enforcement of any federal law that discriminates against people based on their religion, race, ethnicity, country of origin, language, gender identity, sexual preference, marital status, disability, income, or citizens status.
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.
Dan Atchison
City Attorney
Attachments:
1. Resolution No. 2025-33