Recent Developments on ICE Holds In Oregon
Map of Oregon Counties that will require ICE detainers to comply with constitutional requirements before detention is authorized. This map is current as of May 2, 2014. For additions or deletions, please email Stephen Manning at email@example.com.
In Oregon, the federal Immigration and Customs Enforcement uses ICE holds (also known as “immigration detainers”) to request that a sheriff or the police detain an individual at local expense, using local personnel and local resources so that ICE may later take custody of the individual.
On April 11, 2014, a federal court ruled that the Clackamas County Sheriff violated the U.S. Constitution by detaining an Oregon woman only because of an ICE hold.
This page will serve as a clearing house for information on the implementation and reaction to the court decision and other court decisions around the country as it impacts Oregon. If you have an update for this page, please email Stephen Manning at firstname.lastname@example.org.
Updated list of Counties (May 2, 2014)
Counties* in Oregon that do not honor ICE holds as compliant with the 4th Amendment for detention purposes:
- Hood River
- Springfield Police Department
*This list was created by consulting public statements by the sheriffs and reports made by community members after speaking with the public information officers of the various sheriff departments. We will add links to public sources as available & as time permits. Please contact Stephen Manning at email@example.com with any updates.
Resources on detainers in Oregon and the recent shift
Court decision in Cruz-Cabrera v. Multnomah County (coming soon)
Amicus Brief of the Oregon Chapter of the American Immigration Lawyers Ass’n filed in Cruz-Cabrera (a primer on federal ICE holds)
Amicus Brief of the Oregon Justice Resource Center filed in Cruz-Cabrera (describing impact of ICE holds in Oregon)
Daniel Ragsdale, acting director of ICE, letter to U.S. Congress, Feb. 25, 2014 (detainers are voluntary)
Law review article by Christopher N. Lasch, describing the faulty legal reasoning behind detainers
Galarza v. Szalczyk, a Third Circuit US Court of Appeals decision that held that detainers were voluntary and that local municipalities can be held liable for damages due to detainers
ICE Form I-247 (ICE Detainer form)
Oregonian Article, April 18, 2014 (links to oregonlive.com)
The New York Times article, April 18, 2014 (links to nytimes.com)
Oregon Public Radio, Think Out Loud, April 22, 2014 “Oregon Counties Abandon Immigration Hold Policies”
David Sarasohn: Oregon asking the right questions on treatment of immigrants, April 23, 2014 (links to oregonlive.com)
The Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Community resources and organizations
ILG applauds the activists and organizations who have been working for years to end police-ICE collaboration in Oregon. This shift in policy was only possible because of the courage by those who spoke out about the devastating and unfair impact of police-ICE collaboration. Below are some, among many, of the organizations who been working on this issue for years. Get in touch with one of the below organizations if you’d like to be involved in your community!