The Department of Homeland Security (DHS) is moving quickly to implement President Trump’s policy focus on enhanced enforcement of immigration laws. Earlier today, January 21, 2025, the Acting Director of DHS withdrew the long-standing policy limiting immigration enforcement activities at “sensitive locations” such as schools, hospitals, places of worship, and social service agencies. The updated directive provides that “criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
Despite this new directive, Oregon school districts should be aware that Oregon law limits cooperation with federal immigration enforcement except in very specific circumstances.
As background, in 2021, the Oregon legislature passed the Oregon Sanctuary Promise Act, which essentially prohibits public entities, and state and local law enforcement, from participating directly or indirectly in immigration enforcement without a valid judicial warrant.
Specifically as it relates to school districts:
- School districts are prohibited from disclosing personal information for purposes of immigration enforcement. This includes disclosing a person’s address or other contact information, place or hours of work or school hours, and known associates or relatives.
- School districts are prohibited from collecting information on immigration status except where otherwise required by law. And, if a school district or other public body is required to collect such information, it may not be disclosed except as authorized by law or a valid court order.
- School districts must review their confidentiality policy at least once a year to determine compliance. School districts should ensure such review. For school districts using Oregon School Boards Association (OSBA) model policies, JOA (Directory Information) addresses this issue.
- School districts are prohibited from using public resources and facilities, including technology or personnel, for immigration enforcement purposes.
- If a school district receives a request from a federal agency regarding immigration enforcement, the school district must document and deny that request, and then report it to the Oregon Department of Justice.
See generally ORS 180.805, 181A.826.
If a school district receives a request or communication from a federal agency relating to immigration enforcement, under Oregon law, the district should decline the request and ensure the request is reported to the Oregon Department of Justice. The only exception is that, if the request or communication is accompanied by a judicial subpoena, the district should comply after consulting with counsel. Note that only judicial subpoenas are valid for this purpose; ORS 181.823(2) specifically excludes administrative subpoenas issued by a federal immigration authority from the definition of “judicial subpoena.”
We know that this may create confusion for schools, and cause significant anxiety for students and their families. School districts are advised to provide guidance to their school-based personnel, including building administrators and secretaries, about how to respond to any requests for information or access to students related to immigration enforcement efforts.
This is a rapidly developing area, and we are here to help. Our education team will continue to send guidance regarding President Trump’s Executive Orders and other agency and enforcement actions. Please contact any member of our education team with questions.
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