About the Law
As a sanctuary state since 1987, Oregon stands for the safety, dignity and human rights of all Oregonians.
Oregon Is a Sanctuary State
As a sanctuary state since 1987, Oregon stands for the safety, dignity and human rights of all Oregonians. Oregon was the first state in the nation to pass a statewide law stopping state and local police and government from helping federal authorities with immigration enforcement. In the ensuing decades, the law was updated several times.
To strengthen existing sanctuary laws, the Sanctuary Promise Act (HB 3265 ») was passed in 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.
It is against Oregon law for state and local law enforcement or public agencies (state and local government offices) in the state of Oregon to participate directly or indirectly in immigration enforcement without a judicial warrant. State/local officials may not grant federal immigration authorities access to non-public spaces without a judicial warrant. State law prohibits private entities from operating immigration detention centers. State and local police are prohibited from acting on non-judicial warrants (see our Glossary). The Sanctuary Promise Act requires all requests made by federal agencies to state and local law enforcement and government agencies regarding immigration enforcement without a judicial order to be documented, reported, and denied. There may be exceptions to each of these.
The Sanctuary Promise team at the Oregon Department of Justice’s Civil Rights Unit provides support to impacted community members and elevates violations reported on the Sanctuary Promise Hotline (1-844-924-STAY / 1-844-6-AMPARO) and Online Portal (SanctuaryPromise.Oregon.gov or PromesaSantuario.Oregon.gov) for investigation by Oregon Department of Justice. Violations are subject to civil legal action by anyone.
What are Oregon’s Sanctuary Promise laws?
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 targeted person. Please call the hotline with any questions you may have.
Oregon public bodies and law enforcement agencies can generally not 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.
Oregon Sanctuary Laws say:
- You do not have to share and you should not be asked about your country of birth, immigration, or citizenship status by state or local law enforcement or government agencies. There are exceptions.
- You may not be investigated or interrogated by state or local law enforcement for immigration enforcement purposes.
- Your country of birth, immigration or citizenship status information should not be stored or shared by state or local government agencies or law enforcement. There are exceptions.
- Your information should not be shared by state or local law enforcement to assist in detaining you or any individual for immigration purposes.
- All requests from federal agencies to state or local government agencies or law enforcement about immigration enforcement without a judicial order should be documented, reported and denied by the local agency receiving the request.
- State law prohibits law enforcement from arresting you in a court facility, or while you are traveling to or from court, with any immigration warrant except a judicial warrant or order signed by a judge (for more information about different types of warrants, see our Glossary). This provision may not be enforceable against federal immigration authorities.
- State or local law enforcement or public agencies must refuse and reject collaboration with federal authorities for immigration enforcement purposes, including setting up traffic stops or traffic perimeters to enforce federal immigration laws/orders.
- You can access certain government services without being asked about your immigration status.
- You can take legal action against violators of Oregon’s sanctuary laws.
- If Oregon’s sanctuary laws are being violated by a state or local police officer, state trooper, sheriff’s deputy, either during their employment time or off duty time, or by a government worker, you can report the violation to the Sanctuary Promise Hotline.
Disclaimer: The links and information provided on these pages are for information only, are not exhaustive, and do not constitute legal advice. Not all content reflects the views of the Oregon Department of Justice. To create agency policy or to obtain advice regarding a specific communication or request from a federal immigration authority, consult your agency counsel. For information about your rights and legal options, consult an attorney».