Twenty Oregon counties sent a letter Monday to federal and state officials saying they support Marion County’s efforts to clarify whether it can provide information about people on parole to immigration authorities.

The letter was sent to Oregon Attorney General Dan Rayfield and U.S. Attorney General Pam Bondi in support of a Marion County lawsuit filed Aug 18. County officials say they’re seeking a federal declaration to clarify Oregon’s sanctuary law, which generally bars state and local government agencies from providing information to support immigration enforcement.

Marion County’s lawsuit stems from administrative subpoenas U.S. Immigration and Customs Enforcement sent to the Marion County Sheriff’s Office Aug. 1 with requests for personal information about men on parole for serious crimes, including rape, sexual abuse and kidnapping.

The county has not complied with the subpoenas.

The letter included support from Clackamas County, but the state’s other most populous counties – Multnomah, Washington and Lane – did not sign on.

READ IT: Letter of support from Oregon counties

“Legal uncertainty harms everyone and benefits no one,” the counties’ letter reads. “It is currently unclear how Oregon’s Sanctuary Promise Act, Oregon’s Public Records Act and federal laws interact and apply due to apparent conflicts, including in situations where a local government is served with an administrative subpoena pursuant to (federal law).”

Counties are also asking a judge to “issue a detailed opinion that provides the type of clarity that will help all local governments ensure they are properly following federal, state and local laws.”

Other counties signing the letter are Baker, Clatsop, Columbia, Coos, Crook, Deschutes, Jefferson, Klamath, Linn, Malheur, Polk, Sherman, Tillamook, Umatilla, Union, Wasco, Wheeler and Yamhill.

Marion County filed its lawsuit in U.S. Eugene District Court. It names Gov. Tina Kotek, U.S. Department of Homeland Security Secretary Kristi Noem and ICE Acting Director Todd Lyons.

Last week, the U.S. Attorney’s Office filed a separate petition in Portland U.S. District Court asking a judge to enforce recent subpoenas sent to Marion, Multnomah, Clackamas and Washington counties, which were signed by a special agent and not a judge.

Under Oregon sanctuary law, government agencies are generally prohibited from sharing information with immigration authorities unless ordered to by a judge. A subpoena signed by a special agent, such as the ones Marion County received, are considered administrative and Oregon law prohibits agencies from cooperating with them.

READ IT: Marion County lawsuit over immigration subpoenas

Marion County released the information ICE requested to Salem Reporter Sept. 24 following a public records request by the publication.

The records show phone numbers, addresses, employers and post-prison supervision information for each of the four men ICE named in subpoenas.

“The federal and state governments disagree about when public records already provided to the media about violent criminals can be provided to federal agents, so Marion County asked the federal court to determine what the law requires,” Marion County counsel Steve Elzinga said in a statement Monday.

The lawsuit received almost total support from Oregon sheriffs in August, with only Multnomah County and Washington County sheriffs not signing on to a letter of support.

PREVIOUS COVERAGE:

U.S. asks court to enforce Marion County immigration subpoenas

Marion County releases records at core of ICE lawsuit to Salem Reporter

Marion County asks federal judge to decide if it can share parolee information with ICE

Nearly all Oregon sheriffs support Marion County’s suit for clarity on ICE cooperation

Protesters accuse Marion County commissioners of trying to weaken sanctuary law through ICE lawsuit

Contact reporter Madeleine Moore: [email protected].

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