Attorney General Pam Bondi received a response this week from the governor of the first state to pass “sanctuary” legislation, following her warning that the state was implementing “policies and procedures that hinder federal immigration enforcement to the detriment of the interests of the United States.”
Oregon Gov. Tina Kotek, a Democrat, acknowledged Bondi’s letter from the previous week but stated that she “respectfully disagree[s]” with the attorney general’s claims.
“The State of Oregon, its public officials, and its law enforcement officers do not engage in conduct that thwarts federal immigration enforcement,” Kotek said, noting that Oregon enacted America’s first sanctuary state law in 1987.
The original bill was introduced by State Rep. Rocky Barilla, D-Eugene, and signed by Gov. Neil Goldschmidt amid concerns that police were wrongly profiling Latinos based on immigration status.
In her response, Kotek emphasized that in nearly 40 years since the law’s passage, Oregon officials and law enforcement have not violated federal immigration law while adhering to state policy.
She noted that a 2018 ballot measure to repeal parts of Oregon’s federal immigration enforcement law failed, with 63% of voters opposing the repeal, and that lawmakers later revisited and “strengthened” the 1987 law in 2021.
Kotek cited Oregon Attorney General Ellen Rosenblum’s statement following those updates:
“Oregon stands for the safety, dignity, and human rights of all Oregonians,” the state prosecutor said, as Kotek reinforced that Oregon is acting within legal bounds under the Anticommandeering Rule—a principle stemming from cases like New York v. U.S. in 1992, which prevents the federal government from forcing states to administer federal programs.
Kotek acknowledged warnings that the Trump administration might pursue civil actions against public officials accused of obstructing federal immigration enforcement.
“The state does not take on the additional expense or burden to perform federal immigration enforcement as it is the job of the federal government,” she wrote, citing the Anticommandeering Rule. “The state of Oregon is in compliance with federal law and will continue to follow state law. Therefore, no ‘immediate initiatives’ are necessary to eliminate laws that impede immigration enforcement,” she concluded, noting her letter was delivered to the Justice Department via Federal Express.
This exchange comes as an Oregon federal judge is set to rule on a significant immigration case involving a twice-deported Guatemalan asylum-seeking farmworker. The case will determine whether he can be released from federal custody while continuing regular check-ins at a Eugene immigration office.
Identified only as L.J.P.L., the individual was deported during the Obama administration. Judge Karin Immergut, a Trump appointee also named to the FISA Court by Chief Justice John Roberts, will decide whether ICE can proceed with immediate deportation, according to Oregon Public Broadcasting.
