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 Between the 1920s and the 1970s, these various provisions were repealed.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

ACLU Challenges Multnomah County Sheriff's Office for Unlawful Imprisonment

September 5, 2012 - The ACLU Foundation of Oregon filed a lawsuit today against the Multnomah County Sheriff’s Office for unlawfully detaining a Portland resident at the request of federal immigration officers despite a judge’s order releasing him on his state charges.

The ACLU’s lawsuit claims the Sheriff’s detention policy on immigration-related requests violates Oregon law – which prohibits the use of state and local resources to detain people suspected only of violating civil immigration restrictions – and the Oregon Constitution.

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

Driver License Access Restored for Oregonians

May 1, 2013 - Today, as part of a May Day Rally on the Capitol steps, Governor Kitzhaber signed into law a bill to restore access to driver licenses for immigrants in Oregon. The ACLU of Oregon applauds the Legislature and the Governor for this important step forward.

Since 2007, when then Governor Ted Kulongoski signed an Executive Order to require proof of lawful presence as a condition of receiving a driver license, thousands of people in Oregon have been faced with the terrible choice between not driving to school, work, and medical appointments, or driving unlicensed with an ever-present fear of being pulled over. With the harmful and ongoing entanglement between local law enforcement and federal immigration enforcement, a routine traffic stop could lead to deportation proceedings, making this choice for unlicensed Oregonians even more high-stakes.

Tuition Equity Day at the Capitol

UPDATE: April 2, 2013 - Governor Kitzhaber signed HB 2787 into law.

Oregon's Tuition Equity bill, HB 2787, received its first public hearing on February 13 in Salem.

Introduced with strong bi-partisan support from members in both the House and the Senate, HB 2787 would enable Oregonians who are unable to prove lawful presence in the country to still apply for in-state tuition at Oregon colleges and universities.

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Other

Supreme Court Rebukes Arizona S.B. 1070, but Leaves Unanswered Constitutionality of “Show Me Your Papers” Provision

Oregon groups, law enforcement respond to Supreme Court Ruling on Arizona’s Racial Profiling Law SB1070

June 25, 2012 – Oregon civil rights groups applauded the U.S. Supreme Court’s outright rejection of most of Arizona’s anti-immigrant law. However, the Court’s wait-and-see approach to the “Show Me Your Papers” provision is a mistake that jeopardizes the rights of individuals around the country. It is utterly foreseeable that this law will result in racial profiling and unnecessary detention for people in Arizona.

“Racial profiling laws make us less safe,” said Francisco Lopez, Causa’s Executive Director. “When people are unfairly singled out based on their appearance, it increases fear and distrust of law enforcement leaving crime victims and witnesses less likely to assist police or cooperate with investigations.”

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.

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