Marion County Files Lawsuit Seeking Clarity from Federal Court Regarding Subpoenas to Release Information of Four Alleged Undocumented Immigrants on Parole for Sex Crimes, Kidnapping

SALEM, OR — Today, Marion County filed a lawsuit seeking clarification on whether the County is allowed under the state’s sanctuary law to turn over parole-related records of four alleged undocumented immigrants in response to subpoenas from the United States Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE).

Agents of ICE served immigration enforcement subpoenas on Marion County requesting records of four individuals on parole for serious crimes, such as multiple convictions of rape, multiple convictions of sexual abuse, and convictions for kidnapping/robbery.

Marion County collected documents responsive to the federal subpoenas, all of which are public records that would be available to any person who makes a public records request. However, Oregon’s sanctuary law limits use of state and local resources related to immigration enforcement, and Oregon’s sanctuary law has both internal inconsistencies and conflicts with federal law and Oregon’s public records laws in this situation.

“Obviously we want to keep dangerous people out of our community and off of our streets,” said Commissioner Danielle Bethell, Chair. “We also want to make sure the state won’t come after our community and sue us if we provide the requested records to the federal administration.”

Before filing this lawsuit, Marion County contacted both the state and federal government seeking assistance in a good faith effort to clarify legal requirements. Ambiguity remains.

“Marion County has to follow both federal and state laws, and there’s a serious lack of clarity that the courts need to figure out,” added Commissioner Bethell. “Marion County is committed to prosecuting and holding accountable all people who commit crimes regardless of their immigration status.”