ICE Escalates Detainer Battles in Oregon as Sanctuary Laws Block the Agency From Holding Criminal Immigrants
In a joint notice issued on Tuesday, the Department of Homeland Security (DHS), with US Immigration and Customs Enforcement (ICE), criticized Washington sanctuary politicians who relied on Oregon’s Sanctuary laws to refuse to honor a detainer for a criminal, illegal alien truck driver from India, who the agencies say caused a fatal multi-vehicle crash.
ICE Detainer Use Rises Across Oregon
ICE activity has ramped up in Oregon, and the state’s sanctuary laws have come under fire from the agency.
Source: Oregon DOJ sanctuary laws bulletin and sample detainer language from WA Courts immigration manual
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In November, ICE detained two people over the Thanksgiving weekend, including Venezuelan Edwin Rafael Marcano-Marquez, who was convicted of fourth-degree assault in Washington County, Oregon.
In their latest notice, ICE took exception to Oregon’s Sanctuary Laws over an illegal alien who entered the US in 2023 near Lukeville, Arizona, and was later released. Politicians refused to honor a detainer for Kamalpreet Singh, and ICE said, “These politicians chose to release this public safety threat back onto America’s roads.”
ICE said there has been an increase in criminal illegal aliens driving commercial vehicles on American roads, directly threatening public safety and resulting in senseless loss of life.
The agency indicated that detainers had been issued for several illegal immigrants, including Mexican Juan Hernandez-Santos, who is accused of causing a wreck while driving an 18-wheeler that slammed into another vehicle, causing a six-car pile-up.
ICE voiced their frustration that local authorities did not honor the ICE detainer due to sanctuary policies, and Hernandez-Santos was subsequently released from custody.
What Oregon’s Sanctuary Laws Say
Oregon’s sanctuary laws state that local governments and law enforcement cannot assist in enforcing federal immigration laws without a judge’s order.
| Situation | Default rule in Oregon | Exception | Why it matters here |
|---|---|---|---|
| ICE detainer asks for a hold | No holding someone for civil immigration enforcement | Federal judge warrant in a federal criminal immigration case | Detainer conflicts with the no resources rule |
| ICE asks for custody status or release time | Restricted sharing about people in custody | Judicial subpoena or info already public on the same terms | This is where subpoenas come in |
| ICE requests access to non public areas | No access if purpose is immigration enforcement | Court order or court authorized warrant | Limits jail based handoffs |
| ICE asks about immigration status | Agencies cannot ask or collect status or country of birth | State crime investigation or state court proceeding | Keeps routine stops from becoming status checks |
| New agreement to detain for ICE | Prohibited for law enforcement agencies | None for new agreements | Blocks expanding local detention for ICE |
The laws prohibit using public resources for immigration enforcement, except when there’s a federal arrest warrant or necessary information exchange. No new agreements to detain people for ICE are allowed.
Sharing custody information with federal immigration authorities is mostly restricted. Law enforcement cannot deny services based on immigration status unless required by law.
Additionally, they cannot inquire about an individual’s immigration or citizenship status, except for state crime investigations or court proceedings, unless information is needed to determine benefit eligibility.
How ICE Is Trying To Get Around Oregon’s Sanctuary Laws
In a February 2020 notice, ICE itself said it issues subpoenas to demand criminal alien information that is refused under Oregon sanctuary policies.
ICE said the subpoenas are necessary because “dangerous sanctuary laws” force Oregon counties, including law enforcement agencies, to reject ICE’s requests for information and cooperation.
ICE uses administrative subpoenas to obtain information as part of investigations into potential removable aliens, but historically did not use them to get information from other law enforcement agencies, as most already provide ICE with information.
ICE also noted that Oregon law enforcement does not honor immigration detainers due to Oregon court rulings. The agency said it uses every tool available to obtain information on the whereabouts and other details of aliens when jurisdictions can’t or won’t cooperate with ICE.