More than Half of Oregon Counties Sign Letter Supporting Need for Legal Clarity on ICE Immigration Subpoenas

SALEM, OR — Today, 20 of Oregon’s 36 Counties joined together in sending a letter to the United States Attorney General and the Oregon Attorney General seeking legal clarity for the good of all.

The letter follows the Declaratory Judgment action filed by Marion County on August 18 seeking clarification on whether local governments who receive federal subpoenas are allowed or prohibited under federal law and the state’s 2021 amended sanctuary law to turn over parole-related public records of alleged undocumented immigrants on parole for serious crimes, such as multiple convictions of rape, multiple convictions of sexual abuse, and convictions for kidnapping/robbery.

Counties signing onto the letter agree that: “Legal uncertainty harms everyone and benefits no one. It is currently unclear how Oregon’s Sanctuary Promise Act, Oregon’s Public Records Act, and federal laws interact and apply due to apparent conflicts, including in situations where a local government is served with an administrative subpoena…”

Read the full letter. 

In September, the Oregon State Sheriffs’ Association sent a letter signed by 34 of 36 Sheriffs across Oregon seeking similar legal clarity. Counties signing the letter have not joined the lawsuit, just as the 34 sheriffs who signed a similar letter also have not joined the lawsuit.

County Counsel Steve Elzinga responded: “The federal and state governments disagree about when public records already provided to the media about violent criminals can be provided to federal agents, so Marion County asked the federal court to determine what the law requires.”

Marion County is committed to prosecuting and holding accountable all people who commit crimes regardless of their immigration status.