(1) A law enforcement agency or public body may not:

Terms Used In Oregon Statutes 181A.823

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Subpoena: A command to a witness to appear and give testimony.
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(a) Except as required by state or federal law, deny services, benefits, privileges or opportunities to an individual in custody, or on parole, probation or post-prison supervision, on the basis of known or suspected immigration status, the existence of an immigration detainer, hold, notification or other related federal immigration request or a civil immigration warrant;

(b) Inquire into or collect information about an individual’s immigration or citizenship status or country of birth unless:

(A) The information is required to advance an investigation into a violation of state or local criminal law;

(B) The information is submitted to a court of this state, whether orally or in writing, in connection with a proceeding in that court; or

(C) As necessary to determine the individual’s eligibility for a benefit that the individual is seeking; or

(c) Provide information about an individual in the custody of the public body or law enforcement agency to a federal immigration authority for the purpose of civil immigration enforcement, except:

(A) As may be required by a judicial subpoena issued as part of a court proceeding or by another compulsory court-issued legal process; or

(B) To the extent that the information is available to the general public and under the same terms and conditions as the information is available to the general public.

(2) For purposes of subsection (1)(c)(A) of this section, a judicial subpoena does not include an administrative subpoena created and signed by a federal immigration authority.

(3) To ensure compliance with all treaty obligations, including consular notification, and state and federal laws, on the commitment or detainment of an individual, a law enforcement agency shall explain to the individual in writing, with interpretation into another language if requested:

(a) The individual’s right to refuse to disclose the individual’s nationality, citizenship or immigration status; and

(b) That disclosure of the individual’s nationality, citizenship or immigration status may result in civil or criminal immigration enforcement, including removal from the United States.

(4) Any person may bring a civil action against a law enforcement agency or public body that violates subsections (1) to (3) of this section to enjoin the violation.

(5) Subsection (1)(b) of this section does not prohibit the Oregon Health Authority or the Department of Human Services from inquiring into or collecting data about country of birth in connection with data collected in accordance with uniform standards adopted under ORS § 413.161. [2021 c.550 § 2; 2023 c.69 § 1]

 

[Formerly 181.852; renumbered 181A.672 in 2021]

 

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