Oregon Seeks Dismissal of Marion County Lawsuit Over ICE Records

State Argues County Violated Sanctuary Law

EUGENE, Ore. — The state of Oregon has asked a federal judge to dismiss a Marion County lawsuit over immigration subpoenas, saying state law clearly prevents local officials from sharing information about men on parole with federal immigration authorities.

Attorney General Dan Rayfield filed the motion Monday in U.S. District Court in Eugene, arguing that Marion County has no legal grounds to sue. The county filed its case Aug. 18, seeking clarification on whether it could release parolee information to U.S. Immigration and Customs Enforcement (ICE).

“Because state law unequivocally prohibits Marion County from producing the requested information without a court order, and because the county will suffer no legal consequences from insisting that a court order issue before it complies, there is nothing further for this court to do,” Rayfield wrote.

Background on the Dispute

The legal fight began when ICE sent subpoenas on Aug. 1 to the Marion County Sheriff’s Office seeking information on five men on parole for crimes including rape, sexual abuse, kidnapping and theft. The subpoenas were signed by a special agent rather than a judge.

Under Oregon’s sanctuary law, local agencies generally cannot share information with immigration authorities unless ordered by a court. Rayfield’s motion argues that ICE’s administrative subpoenas do not meet that standard and therefore cannot compel compliance.

County and State Clash Over Legal Authority

Marion County contends that conflicts exist between Oregon’s sanctuary law, state public records law, and federal law. County counsel Steve Elzinga said the lawsuit seeks clarity to avoid legal risk for local governments caught between state and federal demands.

“The state’s assertion that there is no legal uncertainty fails a basic smell test when there is an obvious federal-state clash over subpoenas requesting public records of violent criminals,” Elzinga said. “The majority of Oregon’s sheriffs and counties who are caught in the middle say that legal clarity is needed.”

Rayfield countered that past court rulings have upheld Oregon’s sanctuary law and that counties should follow established legal procedures rather than filing new lawsuits.

Federal Lawsuit Adds Pressure

Separately, the U.S. Attorney’s Office filed a lawsuit Oct. 1 to enforce ICE subpoenas sent to four Oregon counties, including Marion. That case involves requests for information on 10 men convicted of crimes in those counties.

Marion County asked a judge to authorize release of the information but no order has been issued yet, court records show.

Twenty counties and nearly all Oregon sheriffs support Marion County’s effort, saying a court decision is needed to resolve the dispute. In an Oct. 6 letter to Rayfield and U.S. Attorney General Pam Bondi, county leaders urged the state to seek “a detailed opinion that provides the type of clarity that will help all local governments ensure they are properly following federal, state and local laws.”

Public Records Issue Adds Complexity

The issue is further complicated by the release of the same records to the media. Salem Reporter obtained the ICE-requested records through a public records request, receiving addresses, employers, and phone numbers for the men on parole. The same data was later shared with OPB and KOIN 6.

Rayfield maintains that federal agencies, unlike private citizens, are not eligible to make public records requests under Oregon law. “The administrative subpoenas issued by ICE are issued under federal government authority, not in anyone’s individual capacity,” he wrote.

The court has not yet scheduled a hearing on the state’s motion to dismiss.