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As President-Elect Donald Trump promises a mass deportation of immigrants shortly after he takes office in January, Salem-area law enforcement agencies say they will not enforce federal immigration laws unless ordered to do so by federal authorities.
Oregon law forbids state and local officers from arresting or detaining people based solely on their immigration status. They can only do so if there is a federal warrant or other court order to arrest a person for criminal violations of U.S. immigration laws.
Immigration enforcement often involves only civil proceedings, like deportation, without criminal charges. But people can also be criminally prosecuted in some circumstances, such as re-entering the U.S. after being deported once already.
Law enforcement agencies in Oregon have policies that are consistent with the state’s so-called “Sanctuary Promise” laws.
READ IT: Oregon’s Sanctuary Promise
Salem Police Chief Trevor Womack told Salem Reporter that he expects no impact on his agency after Trump takes office in January.
“We will continue to adhere to state law regarding immigration enforcement matters as outlined in our existing policy,” Womack said in an email.
Under Salem Police Department policy, officers generally should not notify federal immigration officials when booking arrested people into jail.
“Any required notification will be handled according to jail operation procedures. No individual who is otherwise ready to be released should continue to be detained solely for the purpose of (notifying immigration authorities),” the policy says.
Salem police do not have any outreach planned to dispel concerns among immigrant communities about reporting crimes “due to our limited capacities,” according to agency spokeswoman Angela Hedrick.
READ IT: Salem police policy on immigration enforcement
Sgt. Jeremy Schwab, spokesman for the Marion County Sheriff’s Office, said the agency understands “the commentary at the national level” but does not expect any changes to Oregon law.
Polk County Sheriff Mark Garton also said his agency will continue to follow state laws on local immigration enforcement.
Leaders of the Salem-Keizer School District told families on Dec. 6 they will continue their longstanding practice of not collecting or sharing information about student or family immigration status, or allowing immigration authorities inside schools. The Salem-Keizer School Board will vote on an accompanying resolution in January after reviewing it earlier this month.
In 1987, Oregon became the first U.S. state to pass a statewide law stopping local agencies from helping federal authorities enforce immigration laws, according to the state Department of Justice. The law has since been updated several times, most recently through the Sanctuary Promise Act of 2021.
“The Act increases safety and protection measures for immigrant communities through increased support, as well as transparency and accountability regarding government interactions with federal immigration authorities,” according to the state DOJ’s website.
Under state law, police and government agencies generally cannot ask about or collect information about a person’s immigration status, citizenship or birth country. Exceptions include if the information is required to “advance” a criminal investigation, or if it’s necessary to determine if someone is eligible for a benefit they are seeking.
Oregonians can report violations of the Sanctuary Promise Act by calling the hotline 1-844-924-7829, or the Spanish direct line 1-844-626-7276. More information about such violations is available on the state DOJ’s website.
Contact reporter Ardeshir Tabrizian: [email protected] or 503-929-3053.
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Ardeshir Tabrizian has covered criminal justice and housing for Salem Reporter since September 2021. As an Oregon native, his award-winning watchdog journalism has traversed the state. He has done reporting for The Oregonian, Eugene Weekly and Malheur Enterprise.
