Immigrants' Rights

Since the nation’s founding, more than 55 million immigrants from every continent have settled in the United States. With the exception of Native Americans, everyone living in this country is either an immigrant or the descendent of voluntary or involuntary immigrants.

Every wave of immigration in the United States has faced fear and hostility, especially during times of economic hardship, political turmoil, or war.

The United States Constitution does not give foreigners the right to enter the U.S. but once here, it protects them from government discrimination based on race and national origin. Immigrants work and pay taxes. Many immigrants have lived in this country for decades, married U.S. citizens, raised their U.S.-citizen children and served in the military. Laws that punish them violate their fundamental right to fair and equal treatment.

The ACLU has been one of the nation’s leading advocates for the rights of immigrants, refugees and non-citizens, challenging unconstitutional laws and practices, countering the myths upon which these laws are based.

Immigrants’ Rights in Oregon
Oregon’s original Constitution protected only white males, both immigrant and native born. It gave property rights only to white foreigners, barred African Americans from moving to the state, and specifically prohibited African Americans and Chinese Americans from the right to vote. Between the 1920s and the 1970s, these various provisions were repealed.

In 1987, with the help of the ACLU and other advocacy groups, the Oregon legislature passed ORS 181.850 which prohibits local law enforcement officers from enforcing federal immigration laws that target people based on their race or ethnic origin when those individuals are not suspected of any criminal activities.

The ACLU of Oregon has been an outspoken critic of anti-terrorism measures passed since September 11, 2001 that unfairly single out immigrants.

Litigation

Judge Overturns Anti-Immigrant Measure

Measure 5-190 Exceeded Columbia County Jurisdiction and Violates Federal Law

UPDATE: July 2009 – The court entered the ACLU’s proposed summary judgment order and general judgment on May 28, 2009.

April 13, 2009, St. Helens - A Columbia County judge today overturned an anti-immigrant ballot measure approved last fall because it conflicts with federal immigration law and would have required the county to take enforcement actions beyond its authority.

Legislation

EQUAL PROTECTION: Use of E-Verify System by Public Employers (HB 4052) (2012)

Introduced by Representative Kim Thatcher (R-Keizer), HB 4052 proposed a mandate on all state agencies to use the federal E-Verify system. E-Verify is an internet-based computer database run by the U.S. Department of Homeland Security that is used by some businesses to verify the work eligibility of employees. The system is widely understood to be flawed and often inaccurate, each error increasing the risk that a U.S. citizen or legal U.S. worker could be denied employment and a paycheck because of the mistake.

EQUAL PROTECTION: Expanding Access to Driver Licenses (SB 845) (2011)

SB 845 would have expanded access to driver licenses to all Oregonians, regardless of whether or not an individual can prove lawful presence.

see all

Other

ACLU Joins Network of Advocates Calling for Release of May Day Activist

May 3, 2012 - Ricardo Valera was arrested at Portland’s May Day March on Tuesday while peaceably exercising his First Amendment rights. All of Ricardo’s criminal charges have been dropped, yet today he remains in Multnomah County Jail where the Sheriff continues to hold him at the request of the U.S. Immigration and Customs Enforcement (ICE).

This afternoon the ACLU signed on to a letter with other members of the ACT Network for Justice and Dignity, calling for the Sheriff to immediately release Ricardo. The ACT Network is a collection of individuals and organizations who advocate for an end to collaboration between ICE and local law enforcement. Referencing a recent Resolution passed by the Multnomah County Board of Commissioners that expressed great concern for the devastating effect on families and on our community of ICE policies, today’s letter to the Sheriff urged him to follow the lead of the Commissioners by refusing to do ICE’s dirty work.

Oregonians Unite Against Attack on Workforce and Business as Part of National Day of Action Against E-Verify

September 14, 2011 - The ACLU of Oregon along with a group of business, immigrant, labor, faith, and civil rights leaders stood together with others from across the country to tell Congress that forcing employers to use the flawed E-Verify system will harm U.S. workers and employers and undercut the country’s economic recovery. The groups held a press conference at St. Francis of Assisi, 311 SE 12th Avenue, Portland.

Speakers included Kevin Díaz, Legal Director of the ACLU of Oregon; Jeff Stone, Executive Director for the Oregon Association of Nurseries and Co-Chair of the Coalition for a Working Oregon; Javier Lara, Organizer for PCUN (Oregon’s farm worker union); Ignacio Páramo, MLK Worker Center Director for VOZ Workers’ Rights Education Project; and Valerie Chapman, Pastoral Administrator of St. Francis of Assisi Catholic Church.