(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]