Life gets better for undocumented people in Oregon

A bill to legalize some 11 million undocumented immigrants living in the United States  (U.S. Citizenship Act of 2021) sits on the back burner in Congress. But in Oregon, lawmakers acted to protect the state’s undocumented workforce (about 13 percent of the total) in the early months of the pandemic.

The state opened a fund to compensate workers who were laid off and did not qualify for unemployment or stimulus payments because of their status. By June 30, 2021, community-based organizations had dispensed over $51 million in Oregon Worker Relief Fund dollars to thousands of people to pay for rent, utilities, food, and transportation. While the payments kept the wolf from the door, they amounted to only a fraction of what citizen workers could claim in COVID-19 relief.

During the session that ended in late June, the Oregon Legislature passed these bills that improved the lives of undocumented Oregonians:

Sanctuary Promise Act (HB 3265) bars law enforcement or a public agency from denying services or benefits to individuals on the basis of federal civil immigration actions, asking about an individual’s citizenship without a connection to a criminal investigation, or providing information about an individual in custody to federal immigration authorities. 

The act builds on Oregon’s 1987 sanctuary law that drew a clear line for state and local law enforcement: Enforce state laws and leave immigration enforcement to federal officers. This made immigrant communities less fearful of local police and more willing to cooperate in crime investigations. In 2018, Oregon voters defeated an initiative that would have repealed the original sanctuary law.

Leave No Worker Behind (HB 2819)

Allows qualified individuals to claim the earned income tax credit on their Oregon tax form under an individual taxpayer identification number (ITIN). This is what undocumented taxpayers use to file their returns, in lieu of a Social Security number. It applies to tax years beginning January 1, 2022.

Cover All People (HB 3352) 

Renames Health Care for All Oregon Children (Cover All Kids) as Health Care for All Oregon. It expands Medicaid eligibility to adults who would otherwise qualify for state medical assistance or federal premium tax credits, but for their immigration status. 

In 2019, Oregon legislators passed a law (HB 2015 - Drivers Licenses for All) that removed the requirement for people to prove legal presence when applying for a standard Oregon driver license or ID card. Applicants must provide proof of name, identity, date of birth, and Oregon residency, and cannot obtain a Real ID or commercial license.

The law took effect in January 2020. COVID-19 closed DMV offices in March, but they gradually reopened by appointment. Undocumented vehicle owners, who were driving to their jobs and school unlicensed, jumped at the opportunity to get a real license.