Informational Press Release On Immigration (Photo) -02/08/25

                                                  

INCIDENT:  Informational Press Release on Immigration

 

INCIDENT DATE AND TIME:  February 8, 2025

 

REPORTING DEPUTY:  Sheriff Dave Daniel

 

DETAILS:  The purpose of this release is to inform Josephine County citizens on the status of immigration practices within Josephine County and state-wide law enforcement as it pertains to Oregon State Law and Federal Law.  While I will not speak for law enforcement across the state, I will close with my personal opinions as it pertains to immigration reform and the direction I believe the majority of Josephine County citizens wish the Sheriff's Office will proceed.

 

First, I will explain the stance of Oregon State sanctuary laws as it pertains to actions law enforcement can and cannot perform under Oregon Revised Statutes section ORS 181A.8##. 

 

In recent years, the Oregon Legislature enacted several immigration laws as it pertains to Oregon law enforcement's directives.  Within the State of Oregon, law enforcement can:

 

1. Request information from ICE about a person named in ICE records for local criminal investigation.  ORS 181A.820
    

2. Arrest a person wanted under certain federal criminal  immigration statutes when there is a warrant signed by a federal judge (not just an ICE administrative subpoena).  ORS 181.A.820
    

3. Provide information to ICE about a person in custody if the information is available to the public or by subpoena from the courts.  ORS 181A.823
    

4. Ask a person about their country of origin for consular notification but only after telling them they do not have to answer and if they do, they are subject to deportation or other immigration consequences.

 

Within the State of Oregon law enforcement cannot:

 

1. Use any public facilities, property, agency moneys, etc., for the purpose of detecting or apprehending a person for ICE.  ORS 181A.826
    

2. Allow federal enforcement officials working on immigration issues into any portion of the agency or jail not open to the public. ORS 181A.826
    

3. Provide information to ICE or any federal agency working on immigration issues except in response to a court subpoena or if the information is available to the public.  ORS 181A.826
    

4. Investigate or question individuals for ICE. ORS 181A.826
    

5. Deny privileges, benefits or services to a person on parole, probation or in custody based on suspected immigration status. ORS 181A.823
    

6. Provide any information about a person in custody to ICE for immigration enforcement except pursuant to a court subpoena or if the information is available to the public.  ORS 181A.823
    

7. Make a civil arrest issued by an enforcement agent, absent a judicial warrant or order, in a court, or on grounds adjacent to the court or on their way to or returning from court absent a judicial warrant.

 

Note: A law enforcement official is subject to additional civil penalties not only by the state but also by civilians who wish to adjoin such actions. ORS 181A.820(6)

 

In response to these sanctuary statutes nationwide the Office of the Attorney General out of Washington, D.C. (federal) issued a memo on February 5^th, 2025 with the subject line reading "Sanctuary Jurisdiction Directives".  For the full version, refer to this link: Sanctuary Jurisdiction Directives

 

Within that document, it focuses on three primary directives:

 

1. "End Funding to State and Local Jurisdictions That Unlawfully Interfere with Federal Law Enforcement Operations"
    

2. "Identify and Evaluate All Funding Agreements with Non-Governmental Organizations That Provide Support to Illegal Aliens"
    

3. "Pursue Enforcement Actions Against Jurisdictions That Facilitate Violations of Federal Immigrations Laws or Impede Lawful Federal Immigration Operations"

 

Lastly, while it is known that your elected Sheriff took an oath to "support the Constitution of the United States and the Constitution of the State of Oregon and enforce the laws therein", these directives pit laws against one other.  I stand firm that an individual who has entered the United States illegally has committed a crime and believe emphasis should be placed on those who commit additional crimes while here illegally.  

 

There exists a procedure for those who wish to enter the United States, and may do so legally.  Your Josephine County Sheriff's Office has not been contacted by ICE in years, likely due to the state sanctuary laws listed above.  However, that may change, and ramifications of state statues or federal directives may be forthcoming. 

 

I will not stand in the way or inhibit federal immigration practices.  I will attempt to walk a fine line, for now, in the attempt to avoid devastating financial impacts on our community.  That being said, I will not turn a blind eye to crime of any sort, no matter what the cost. The hope is that these two institutions can come to common ground so that your law enforcement professionals can avoid becoming either the "target" or the "martyr" from either institutions.  As for now, there appears to be no opportunities in the middle.