Josephine County Sheriff Walks Tightrope on Immigration: Between Federal Law and State Sanctuary

JOSEPHINE COUNTY, Ore. — Josephine County Sheriff Dave Daniel has made it clear that he will not tolerate anyone who enters the United States illegally.

He Will Not Stand in the Way of Federal Immigration Practices

In a press release following the Trump administration’s hardline stance on illegal immigrants, Daniel says he will not ‘stand in the way or prohibit federal immigration practices.’

The sheriff says he ‘will attempt to walk a fine line’ (for now) to avoid financial impacts on the community but ‘will not turn a blind eye to crime, no matter what the cost.’

Daniel says he firmly believes that an individual who enters the country illegally commits a crime and says ‘emphasis should be placed on those who commit additional crimes’ while residing in the USA illegally.

The sheriff says while his department has not been contacted by the US Immigration and Customs Enforcement (ICE) for years, that situation ‘may change, and ramifications of state statutes or federal directives may be forthcoming.’

What Law Enforcement CANNOT Do in Terms of State Law

Daniel raises various points about what law enforcement cannot do in terms of state law regarding immigrants. Two of the salient points are:

• Law enforcement cannot provide information to the ICE or any federal agency working on immigration issues except if responding to a court subpoena or if the information is publicly available (ORS 181A.826).
• Provide the ICE with any information about a person in custody for immigration enforcement except if responding to a court subpoena or if the information is publicly available (ORS 181A.823).

Daniels says law enforcement officials are subject to additional civil penalties not only by the state but also by civilians who wish to act (ORS 181A.820(6)).

Federal Stance on Illegal Immigrants

The Office of the Attorney General out of Washington, D.C. has issued a memo in response to the statutes that apply nationwide. (See Sanctuary Jurisdiction Directives).

The memo focuses on three primary directives:

• “End Funding to State and Local Jurisdictions That Unlawfully Interfere with Federal Law Enforcement Operations”
• “Identify and Evaluate All Funding Agreements with Non-Governmental Organizations That Provide Support to Illegal Aliens”
• “Pursue Enforcement Actions Against Jurisdictions That Facilitate Violations of Federal Immigrations Laws or Impede Lawful Federal Immigration Operations.”

Daniel says that as the elected Sheriff for Josephine County he took an oath to ‘support the Constitution of the United States and the Constitution of the State of Oregon and enforce the laws therein.’

Law Enforcement Officers Could Become Targets or Martyrs

However, the sheriff says the directives from federal and state levels ‘pit laws against one other.

Daniel said he hopes common ground can be found so that law enforcement officers can avoid becoming targets or martyrs for either of the two government levels.

‘As for now, there appear to be no opportunities in the middle,’ is the sheriff’s sober observation.