Measure 105, Repeal Sanctuary State Law Initiative
Measure 105 would repeal the state law, Oregon Revised Statute 181A.820, which forbids state agencies, including law enforcement, from using state resources or personnel to detect or apprehend persons whose only violation of the law is that of federal immigration law.
Measure 105 would allow any law enforcement agency to use agency funds, equipment, and personnel to detect and apprehend people whose only violation of the law is a violation of federal immigration law.[
Measure repeals ORS 181A.820, which limits (with
exceptions) the use of state and local law enforcement money, equipment and personnel for “detecting or apprehending persons whose only violation of law” pertains to their immigration status. Current exceptions allow using law enforcement resources to:
Detect or apprehend persons accused of violating federal
immigration laws who are also accused of other violations of law;
Arrest persons “charged by the United States with a criminal
violation of federal immigration laws” who are “subject to arrest for the crime pursuant to a warrant of arrest issued by a federal magistrate”;
Communicate with federal immigration authorities to verify
immigration status of arrested persons or “request criminal investigation information with reference to persons named in records of” federal immigration officials.
(1) No law enforcement agency of the State of Oregon or of any political subdivision of the state shall use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws.
(2) Notwithstanding subsection (1) of this section, a law enforcement agency may exchange information with the United States Bureau of Immigration and Customs Enforcement, the United States Bureau of Citizenship and Immigration Services and the United States Bureau of Customs and Border Protection in order to:
(a) Verify the immigration status of a person if the person is arrested for any criminal offense; or
(b) Request criminal investigation information with reference to persons named in records of the United States Bureau of Immigration and Customs Enforcement, the United States Bureau of Citizenship and Immigration Services or the United States Bureau of Customs and Border Protection.
(3) Notwithstanding subsection (1) of this section, a law enforcement agency may arrest any person who:
(a) Is charged by the United States with a criminal violation of federal immigration laws under Title II of the Immigration and Nationality Act or 18 U.S.C. 1015, 1422 to 1429 or 1505; and
(b) Is subject to arrest for the crime pursuant to a warrant of arrest issued by a federal magistrate.
(4) For purposes of subsection (1) of this section, the Bureau of Labor and Industries is not a law enforcement agency.
(5) As used in this section, “warrant of arrest” has the meaning given that term in ORS 131.005.