Sanctuary Status Information

The Board of Commissioners has asked the newly formed, community-led Lane County Equity and Access Advisory Board, which provides guidance to the county administrator on issues of equity, access and inclusion, to take a look at current law and practice, as well as the requests coming from the community, and make a recommendation for consideration by the commissioners.

The Equity and Access Advisory Board meets monthly and is expected to begin discussion of this issue in March. View more information about the Equity and Access Advisory Board, including bylaws, agendas and minutes.

We are committed to taking the time necessary, through open dialogue and a focus on solutions, to get this right.


Current Practice

Lane County follows ORS 181A.820, which prevents state and local law enforcement agencies from targeting people based on their race or ethnic origin when those individuals are not suspected of any criminal activity.  It means Oregon may not require all of us to “show our papers” when we talk to state and local law enforcement.

In addition to the state statute, we must also adhere to the federal laws that guide our work with community members, including the medical staff at our Community Health Centers.  Those privacy laws are:
  • The Health Insurance Portability and Accountability Act (HIPAA) that provides data privacy and security provisions for safeguarding medical information.
  • The Family Educational Rights and Privacy Act (FERPA) that protects the privacy of student education records of entities that receive federal education funding.

You can find out more about HIPAA at www.hhs.gov/hipaa/.  You can find out more about FERPA at https://ed.gov/policy/gen/guid/fpco/ferpa/index.html

In addition to the State and Federal protections listed above, Lane County is committed to providing equitable and accessible services to all members of our community.   

State Law

The Oregon Sheriffs’ Association (OSSA), which represents all 36 Oregon sheriffs, has also offered an in-depth analysis of ORS 181A.820 and how it may affect the implementation of President Trump’s January 25 Executive Order on Immigration.  You can read the full analysis at www.oregonsheriffs.org.  

Read the full text of the Executive Order on Immigration

In 1987, the Oregon State Legislature enacted a law that effectively makes the state of Oregon and its political subdivisions (counties, cities, etc.) a sanctuary state.  The law reads:  “No law enforcement agency of the State of Oregon or of any political subdivision of the state shall use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws.”

The law prohibits Oregon police officers, including local law enforcement, from acting as immigration enforcement officers.

Read the full text of ORS 181A.820.  

Federal Law

Lane County is a subdivision of the State of Oregon and as such it is required to observe Federal and State laws.  The states, in establishing a federal government, determined immigration enforcement to be a federal responsibility.  The enforcement of federal laws do not supersede the responsibilities of local police to enforce state statutes and provide for the public safety as derived from the police powers embodied within the reserve clause of the Tenth Amendment to the United States Constitution.

The power to prescribe rules as to which foreign nationals may enter the United States and which may be removed resides solely with the federal government, and primarily with Congress.  These powers have primarily been implemented through the Immigration and Nationality Act of 1952 (INA).  The INA establishes a comprehensive set of requirements for legal immigration, naturalization, and the removal of people who are not citizens, as well as rules governing their continued presence in the United States.

The removal (deportation) of people who are in the United States without documentation and the associated administrative processes are civil in nature. For example, a person's unauthorized immigration status makes him or her removable, but absent additional factors (e.g., having reentered the United States after being formally removed) unlawful presence does not constitute a criminal offense.

The United States Supreme Court has held that states are generally preempted from arresting and detaining persons for suspected immigration status violations, except when done pursuant to (1) a written agreement; (2) some other specific federal statutory authorization; or (3) pursuant to a “request, approval, or instruction from the Federal government.” (Arizona v. United States, 132 S. Ct. 2492 (2012)).

McKenzie/Holiday Farm Fire Information -

Non-emergency call center at 541-682-3977

www.lanecounty.org/mckenziefire