Long live Oregon's sanctuary law

After I left the intensity of border activity in Tucson in spring 2018, I traveled north to join family in Oregon. I discovered I had settled in the first “sanctuary state” in the nation.

Oregon’s 1987 law, ORS 181A.820, grew out of an incident in eastern Oregon where police harassed Latino citizens. Almost every legislator voted in favor of the law, which bars local officers from questioning people about their immigration status during a traffic stop or other encounter. Police and sheriffs can only contact Immigration and Customs Enforcement (ICE) if an immigrant is arrested for a criminal offense. If an immigrant has finished a sentence, Oregon officials need a warrant to hold the inmate for ICE.

It’s the polar opposite of Arizona’s SB 1070. That 2010 law required state and local law officers in Arizona to inquire about the immigration status of individuals they stop if they suspected a person might be undocumented. SB 1070 increased fear of the police in Arizona’s immigrant communities, while Oregon’s law encouraged trust in law enforcement.

But the Oregon law drew the ire of the Trump administration, which tried to punish the state by withholding almost $5 million in law enforcement grants. Oregon and the city of Portland sued the administration in November 2018, and on Aug. 7, U.S. District Judge Michael J. McShane ordered the administration to release the funds from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program.

McShane cited the 10th Amendment, which says any power not expressly given to the federal government falls to the states or their people, in his decision. Oregon reportedly wants to use the 2017 and 2018 JAG money for drug courts and help for crime victims.

Last November, Oregon voters soundly defeated a proposal, Measure 105, to repeal ORS 181A.820. The vote was approximately 63 percent opposed to 36 percent in favor. I am proud to have worked with my organization, the Latino Community Association in Central Oregon, and allies to fend off this challenge to Oregon’s sanctuary law.