Sanctuary Promise Act Signed into Law, NORCOR ICE Lawsuit Declared Moot
Pictured: Gorge ICE Resistance protesting NORCOR’s ICE contract at the Wasco County Circuit Court in 2019.
By Cole Goodwin
The lawsuit against NORCOR that charged the jail with illegally collaborating with Immigrations and Customs Enforcement (ICE) to detain immigrants is going away after Gov. Kate Brown signed legislation barring public bodies such as NORCOR from doing so.
The new legislation has local human rights advocates celebrating as the new law specifically prevents Oregon jails from working with ICE to detain immigrants.
The lawsuit brought against Northern Oregon Regional Correctional Facilities (NORCOR) regional jail in 2017 stated that NORCOR’s collaboration with Immigration and Customs Enforcement (ICE) to detain immigrants was in violation of Oregon’s historic 1987 Sanctuary Law (HB 2314). But that suit was declared moot by the filers of the lawsuit following the passage of the Sanctuary Promise Act last month.
“The Sanctuary Promise Act, signed by Governor Kate Brown last month, strengthens Oregon’s leadership as a sanctuary state for immigrants, helping ensure that the unjust practices that once took place at NORCOR will not happen again,” read the Innovation Law Lab and Oregon Law Center press release about the moot filing.
What’s Changed
Originally, Oregon’s Sanctuary law prohibited state and local law enforcement agencies from participating in the enforcement of federal immigration laws.
In contrast, the new Sanctuary Act (House Bill 3265) applies to law enforcement agencies and now includes "public bodies”, such as NORCOR.
The law prohibits public and private ICE detention contracts throughout the state; protects people's information from being shared with ICE upon booking and under other circumstances; and creates a private right of action guaranteeing people the right to sue in court if the law is violated, thus resolving the question of standing in the lawsuit.
The passage of the Sanctuary Act also ensures that public bodies and Oregon law enforcement agencies cannot deny services, benefits and other opportunities due to immigration status or federal immigration action. It prevents public bodies from iinquiring about one’s immigration status, unless a criminal investigation is ongoing. The bill also clarifies guidelines around Oregon’s interaction with federal documentation requirements to improve access to public entities and social services while prohibiting warrantless ICE arrests at courthouses and prevents racial profiling in Oregon jails.
“I have been proud of Oregon’s strong sanctuary laws on paper, and we must continually make certain actions on the ground are aligned with those laws, which reflect Oregonians’ values,” said Senator Chris Gorsek who carried House Bill 3265. “Oregonians value fairness and recognize an individual’s humanity is above documentation status. It’s on us to change our systems and prove that every one of us deserves equal treatment under the law and can access critical resources and support services, improving our ability to thrive in this great state.”
“Many come to this nation and this state seeking refuge,” said Senator Kayse Jama, who sponsored House Bill 3265. “They are trying to survive. They are trying to be free from violence, disaster and poverty. Ensuring they can interact with necessary support services will alleviate their struggles; it will remove fear and it will improve hope and trust that they live in a state that cares for their success, wellbeing and humanity.”
Pictured: Gorge ICE Resistance protesting NORCOR’s ICE contract at the NORCOR facility in The Dalles.
About the Lawsuit
The four plaintiffs, represented by lawyers with the Oregon Law Center and Innovation Law Lab, originally sued NORCOR in 2017 after learning that the jail was holding immigrants under a contract with ICE, which appeared to violate Oregon's 1987 Sanctuary Law.
In February of 2019, the Wasco County Circuit Court ruled that some of the jail's practices did, in fact, violate Oregon's Sanctuary Law. The Court ruled that NORCOR could not notify ICE of inmate releases. The Court also ruled, however, that other anti-immigrant NORCOR practices, including its Intergovernmental Service Agreement to detain people in ICE custody did not violate the Sanctuary State law. This led the plaintiffs to take the case to the Oregon Court of Appeals.
In August of 2020, after years of persistent community organizing, the NORCOR board voted to terminate its contract with ICE. At that time, the Court had still not resolved some of the plaintiff's allegations regarding NORCOR’s contract with ICE. Nor had the Court resolved whether NORCOR'S contract with ICE, including its policy of notifying ICE of the presence of a foreign-born person upon booking, were illegal under that law. The question of the plaintiffs standing was also still disputed by NORCOR, although Judge Wolf had found the plaintiffs did have standing. Both NORCOR and the plaintiffs filed appeals.
On Aug. 30th, 2021, plaintiffs made a filing in accordance with the Oregon Rules of Appellate Procedure, which states that parties must file a notification of any "facts that probably render an appeal moot." The filing argued that the lawsuit was now moot.
"We are grateful that the State Legislature agreed with us that it was contrary to the intent of Oregon law for our local jail to be acting as a prison for immigrants,” said Connie Krummrich, plaintiff in the lawsuit and member of the NORCOR Community Resources Coalition. “Recognizing that the jail's revenue from such activities was varying and undependable, we hope to help the leaders at NORCOR achieve a more stable funding base and work to better serve the public safety needs of our communities, including by offering mental health counseling and treatment at the jail. We wish to express our sincere appreciation to Innovation Law Lab, the Oregon Law Center, and to the countless individuals and groups who worked tirelessly over the last four years to make the State of Oregon a national leader in protection of immigrants' rights.”
About Innovation Law Lab
Innovation Law Lab is a non profit organization that leverages advocacy, technology and law to fight for immigrant and refugee justice. By bringing technology to the fight for justice, Innovation Law Lab empowers advocates to scale their impact and provide effective representation to immigrants in detention and in hostile judicial jurisdictions across the country so that every claim that should win, does win, everywhere, every time.
