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Oregon is a Sanctuary State. What exactly does that mean?
- Oregon's sanctuary laws are complex and nuanced. Broadly, Oregon law prohibits state and local government, including police, from helping to enforce federal immigration laws without an order signed by a judge.
In Oregon, our laws state that everyone can live, work, play, go to school, report a crime to police, go to court, and access government services without fear that a state or local government employee will report you to ICE. If you suspect a violation of these laws, you can report to the Sanctuary Promise Hotline.
However, federal immigration authorities like ICE can and do operate in Oregon. Oregon's sanctuary laws do not stop deportations or federal prosecutions for immigration-related crimes in Oregon.
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What are protected or sensitive areas? Are places like schools, hospitals, and houses of worship considered protected/sensitive areas?
- Oregon law under ORS 181A.828 » states that an individual attending a court proceeding as a party, witness, or their family member may not be subject to civil arrest without a judicial warrant when the individual is in a court facility or traveling to or from court.
Other sensitive areas—such as schools, houses of worship, and hospitals—are not protected under Oregon law.
Be aware that as of January 2025, ICE and federal immigration authorities may seek to take actions in sensitive areas like schools, houses of worship, and hospitals. On January 20, 2025, the federal government rescinded an October 2021 U.S. Department of Homeland Security policy memo » that protected certain essential service areas—such as schools, houses of worship, and hospitals—from immigration enforcement, replacing it with an unreleased directive that gives ICE agents authority to take enforcement actions in any of these spaces. Here is the U.S. DHS press statement » regarding the new directive.
The National Immigration Law Center has published a fact sheet » with more information about safety and rights in these spaces.
Public Schools
Public schools in Oregon have a legal obligation to educate every child between the ages of 5 through 19 who has not completed the 12th grade, regardless of their actual or perceived immigration status or their parents’ immigration status. See Plyler v. Doe, 457 U.S. 202 (1982) »
The Oregon School Boards Association and Oregon Department of Education have issued a January 22, 2025 joint statement » and a Frequently Asked Questions (FAQ) document » regarding immigration enforcement and student and family safety at Oregon schools.
The Oregon Department of Education has released new guidance Supporting All of Oregon's Students: Guidance for protecting and upholding the rights of immigrant students in Oregon’s K-12 public schools », linked on their Immigrant and Refugee Student Success landing page ».
The Oregon Department of Education has issued a DACAmented/Undocumented Toolkit » to ensure schools and their staff create and maintain a welcoming environment for all students, families, and employees in Oregon’s schools.
The U.S. Department of Education and U.S. Secretary of Education has issued additional guidance and resources regarding the education and safety of immigrant students: Dear Colleague Letter: Resources for Ensuring Equal Access to Education for Immigrant Students »
Innovation Law Lab published A Toolkit for Schools and School Districts to Protect School Communities Threatened with Immigration Enforcement »
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Oregon sanctuary laws are directed at "public bodies" and "law enforcement agencies." How are those terms defined?
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- “Public body” is defined in ORS 174.109 » as state, local and special government bodies. This means Oregon state, county, city, and special government agencies are all public bodies. There are many public bodies in Oregon.
- Some examples of Oregon public bodies are included in this list ». This is not an exhaustive list.
- A listing of Oregon’s state agencies can be found here ».
- “Law enforcement agency” is defined in ORS 181A.822(4) » as:
- city and university police departments
- Oregon State Police
- State and local police and sheriffs and their deputies
- Corrections officers
- “Officer” means an individual employed or contracted as an officer of a law enforcement agency whether or not the individual is on duty. ORS 181A.822(5) »
- The laws specify that law enforcement officers/deputies/agents/troopers/etc., both employed or contracted, whether they’re on or off duty, must follow these laws.
- “Public body” is defined in ORS 174.109 » as state, local and special government bodies. This means Oregon state, county, city, and special government agencies are all public bodies. There are many public bodies in Oregon.
Disclaimer: The links and information provided on these pages are for information only, are not exhaustive, and do not constitute legal advice. For information about your rights and legal options, consult an attorney ». Not all content reflects the views of the Oregon Department of Justice. Resources and trainings are not vetted or otherwise endorsed by ODOJ.