(1) As used in this section:

(a) ‘Federal immigration authority’ has the meaning given that term in ORS § 180.805.

(b) ‘Warrant of arrest‘ has the meaning given that term in ORS § 131.005.

(2) A law enforcement agency may not use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons for the purpose of enforcing federal immigration laws.

(3) A law enforcement agency may not enter into a formal or informal agreement with a federal immigration authority relating to the detention of a person described in subsection (2) of this section.

(4) Notwithstanding subsection (2) of this section, a law enforcement agency may exchange information with a federal immigration authority in order to request criminal investigation information with reference to persons named in records of the federal immigration authority.

(5) Notwithstanding subsection (2) of this section, a law enforcement agency may arrest any person who:

(a) Is charged by the United States with a criminal violation of federal immigration laws under Title II of the Immigration and Nationality Act or 18 U.S.C. § 1015, 1422 to 1429 or 1505; and

(b) Is subject to arrest for the crime pursuant to a warrant of arrest issued by a federal magistrate.

(6) Any person may bring a civil action against a law enforcement agency that violates subsection (2) or (3) of this section to enjoin the violation.

(7) For purposes of subsection (2) or (3) of this section, the Bureau of Labor and Industries is not a law enforcement agency. [Formerly 181.850; 2019 c.13 § 32; 2021 c.550 § 9]