ICE Issues Subpoenas In Washington County - 02/18/20

ICE Issues Subpoenas in Washington County

Tuesday, February 18, 2020- The Department of Homeland Security issued Washington County Sheriff Pat Garrett two immigration enforcement subpoenas to produce records related to two different individuals in current custody of the Washington County Jail. The subpoenas, at issue, were signed by an authorized U.S. Immigration and Customs Enforcement (ICE) official and were properly served. The subpoenas are specifically authorized by federal law, 8 United States Code section 1225(d) and by the Code of Federal Regulations, 8 CFR 287.4. This administrative subpoena power has existed as part of the federal law for decades, and has been upheld by the US Supreme Court. See US v. Minker, 76 S Ct 281 (1955). 

Oregon law prohibits local police from sharing certain information for purpose of enforcement of federal immigration laws, except as provided by state or federal law (see ORS 180.805). The information sought in these subpoenas relates to information that local police are generally prohibited from sharing under Oregon law and failure to comply with these subpoenas may be punished by an order of contempt by a federal judge.

Sheriff Garrett swore an oath to uphold state and federal law. The information commanded by the subpoenas is required by federal law, and may be provided as specifically allowed by ORS 180.805(1); therefore, the requested information will be shared.