Immigrants' Rights in Oregon

Oregon has laws that make it illegal for government officials and public employees, like police, to help immigration authorities like ICE (Immigration and Customs Enforcement).  

These are often called “sanctuary” laws and places with protections like these are known as “sanctuary cities” or “sanctuary states.” In Oregon, these protections apply across the whole state—in every city and county—which is why Oregon is called a “sanctuary state.”

Under Oregon's laws, police and other officials cannot share information with ICE or help them to find or arrest people in the community. 

And the laws don't apply only to police. Oregon's laws prevent all state or local government offices and their employees from helping ICE or giving them information. So, for example, these laws apply to county courthouses, public libraries, the Department of Motor Vehicles (DMV), child welfare, and other social service offices. 

But it’s important to know that sanctuary laws do not stop federal officers like ICE from making immigration arrests. These laws only stop local government officials and employees from helping ICE with those arrests.  

The difference between federal laws and  state laws:
 

In the United States, there are different kinds of laws. Federal laws, like immigration laws, apply everywhere in the country. State laws, like Oregon’s sanctuary laws, apply only within that state. So Oregon’s sanctuary laws apply to state and local officials (like city police). The sanctuary laws do not stop ICE or other federal officials from being able to make immigration arrests.

Oregon’s sanctuary laws make it illegal for state and local government officials to help ICE find or arrest people for immigration violations. 

These laws apply to any state or local government office and its employees. This includes law enforcement like police and the sheriff's office. It also includes any public employee, such as a court clerk, a DMV worker, or a social services case worker.   

These laws protect your rights in several ways:

• No questions about your immigration status: Police cannot ask about your immigration status or where you were born. A public employee can only ask you for this information if it is required for a benefit you are seeking, like health insurance. And if you give it to them, that can't give it to ICE.
• Your information is protected: Public agencies cannot give information to ICE, such as your phone name, phone number, or address.  
• Equal treatment: State and local officials must treat everyone equally and fairly, regardless of immigration status. This applies even in Oregon's jails and prisons (See more in the jails and prisons section below). 
• Courthouse protection: Oregon's laws say ICE cannot arrest you if you are at an Oregon courthouse, or on your way to or from the courthouse, unless they have a warrant signed by a judge.

For more about your rights under Oregon's sanctuary laws and how to report violations, see the Sanctuary Promise Toolkit from the Civil Rights Unit of the Oregon Department of Justice.

1. Stay calm and polite
   • Keep your hands where the police can see them and stay calm.
   • Do not physically resist, even if you feel your rights are being violated.
2. You can ask to leave
   • You can say: “Am I free to leave?”
   • If the officer says yes, then you may walk away calmly.
3. You have the right to remain silent
   • You do not have to answer questions about your immigration status.
   • You can say: “I want to remain silent.”
4. Police and jails cannot ask you about your immigration status
   • City police, sheriff's deputies, jail staff and other state and local law enforcement cannot ask you about your immigration status or where you were born.
   • If a law enforcement official asks you for your immigration status or where you were born, you can tell them you do not wish to answer or simply remain silent. You can also report the incident as a violation of Oregon's sanctuary law. Read about making reports here.
5. You do not have to agree to searches
   • If the police ask to search your belongings or car, you can say no.
   • You can say: “I do not consent to this search.”
6. Provide identification if you are driving
   • If you are driving, you must show your driver’s license, vehicle registration, and proof of insurance.
   • You do not have to answer other questions.

Remember: It is a crime to give police a false name or false documents.

If you are an immigrant in Oregon, contact with police can feel scary, especially if it leads to an arrest, jail, or prison.

But Oregon’s sanctuary laws protect your rights in these situations:

• Your immigration status is private: Police cannot ask about your immigration status or where you were born. If you share this information, it is against the law for police to give it to ICE.
• Police cannot make immigration arrests: State and local police do not enforce immigration laws. They cannot arrest you just for being undocumented.
• Your immigration status is private in jail and prison: If you are in jail or a state prison, you should not be asked about your immigration status or treated differently because you are an immigrant. This means you can't be kept in a separate unit or released at a different time or place just because you're an immigrant.
• ICE cannot enter your jail cell: Jails and prisons cannot let ICE enter cells, visitation rooms, or other private areas unless ICE has a warrant signed by a judge. If ICE comes to see you, you do not have to meet with them. 
• Jails cannot help ICE find or arrest you: Jails and prisons cannot give ICE information to help them find or arrest you. They also cannot tell ICE when you are being released or hold you for ICE to come and arrest.   
• Equal treatment in in jail and prison: Immigrants must be treated the same as citizens in jail and prison. You cannot be held or moved to a separate unit or location, or denied services or programs just because of your immigration status.

ICE still has access to criminal records and other information. 

 

Some details about your interactions with police and the court are sent automatically to federal law computers that ICE can access. This includes information about arrests, criminal charges, and convictions. It also includes information like your name, date of birth, and fingerprints. Many court records are also public records that ICE can get copies of. 

Oregon’s sanctuary laws protect you by stopping state and local officials from helping ICE. But ICE agents can still make arrests. 

If ICE agents approach you, you have the right to stay silent and refuse to open your door unless they have a warrant signed by a judge. 

You also have these rights: 

1. Stay calm and silent. 
   • You do not have to answer any questions from ICE agents.
   • You can say: “I want to remain silent and speak to a lawyer.”
2. You do not have to open your door.
   • ICE cannot enter your home without a warrant signed by a judge.
   • Ask to see the warrant through a window or have them slide it under the door.
3. Do not sign anything without legal advice.
   • ICE may ask you to sign documents agreeing to leave the country voluntarily.
   • Do not sign anything without talking to a lawyer first.
4. Ask to speak to a lawyer.
   • You have the right to talk to a lawyer, even if ICE says you don’t.
   • If you don't have a lawyer, the government does not have to give you one if you are being arrested for an immigration violation. 
   • Continue reading below for information on getting legal help.   

Remember: Stay calm, do not resist, and document what happens if possible.

For more detailed advice about dealing with ICE officers, visit the ACLU of Oregon's Know Your Rights guide.

For more about what happens after an ICE arrest, read our article What Are My Options If I Have a Deportation Case?

It is against the law for state officials or government agencies to help ICE find or arrest people for immigration violations. This applies to anyone who works for a city, county, or state government office. This includes

• Local police
• The county sheriff and deputies
• Jails, state prisons, and their officers and staff
• Courthouses and court staff
• The District Attorney's office  
• The Department of Motor Vehicles (DMV)
• Social service agencies like child welfare or county health
•  Public libraries and public schools
• And any other state or local public body and its employees 

If you believe you rights have been violated your rights under Oregon’s sanctuary laws, you can report it to the Oregon Department of Justice Sanctuary Promise Hotline. The hotline has operators who speak Spanish and other languages.

How to Report Violations

• Call the Hotline: 
  • English: 1-844-924-STAY (1-844-924-7829)
  • Spanish: 1-844-6-AMPARO (1-844-626-7276)
  • More languages available on the hotline
• Report Online: Submit a report through the Sanctuary Promise Hotline webpage.
• What to Provide: Details about what happened, including the time, location, and people involved.

Learn more about what violates Oregon's sanctuary laws at the Sanctuary Promise Hotline's website.  

Several organizations in Oregon can help immigrants with legal issues, including deportation, other immigration concerns, and civil rights violations. 

If you need legal help with a deportation case or other immigration issue: 

Eligible Oregonians can get free legal help and representation through Equity Corps of Oregon (ECO).

• Contact their call center at 1-888-274-7292
• Sign up online using this link

If you believe your civil rights have been violated and want legal help:

• Search for free or low-cost help using our legal directory
• Contact the ACLU of Oregon
  • Report a civil rights violation to the ACLU of Oregon
• Search for a lawyer in Oregon's Lawyer Referral Service

Questions about immigration law and your options

Go here for our article on the basics of applying for immigration papers and other immigration benefits here.

Go here for our article about what options you have if you or a loved one are arrested by ICE or have a deportation case.   

Read our guide to finding an immigration lawyer or other legal help here.

If you have questions about immigration law, such as how to apply for a green card, work permit, or other immigration program, or how to help a family member immigrate, the website www.immi.org is a website operated by experts in immigration law.  

Information about public benefits for immigrants

If you're an immigrant in Oregon and you're having money problems, such as paying for food, rent, or utilities, the government can help. Our guide can help you understand government assistance in Oregon, including concerns about "public charge" and what programs you can qualify for based on your immigration status.