(a) "Federal immigration authority" means the United States Department of Homeland Security, the United States Immigration and Customs Enforcement, the United States Citizenship and Immigration Services, the United States Customs and Border Protection or a successor agency, any other federal immigration agency or official, or any other entity to which a federal immigration agency delegates or assigns the authority to detect, investigate or enforce violations of immigration law.
(b) "Information concerning a person’s citizenship or immigration status" means information about whether a person is a citizen of the United States or has lawful authority to be present in the United States, either through a visa, a green card or another official documentation. The term does not include information consisting of a person’s address, location, contact information, relatives, associates or other information that could lead to the detection or apprehension of the person.
(c) "Public body" has the meaning given that term in ORS 174.109.
(d) "Social media" has the meaning given that term in ORS 659A.330.
(2) Except as required by state or federal law, a public body may not disclose, for the purpose of enforcement of federal immigration laws, the following information concerning any person, whether current or otherwise:
(a) The person’s address;
(b) The person’s workplace or hours of work;
(c) The person’s school or school hours;
(d) The person’s contact information, including telephone number, electronic mail address or social media account information;
(e) The identity of known associates or relatives of the person;
(f) The date, time or location of the person’s hearings, proceedings or appointments with the public body that are not matters of public record; or
(g) Information described in paragraphs (a) through (f) of this subsection with respect to known relatives or associates of the person.
(3) Except as required by state or federal law, or as necessary to determine eligibility for a benefit a person is seeking, a public body may not inquire about or request information concerning a person’s citizenship or immigration status.
(4)(a) If a public body collects information concerning a person’s citizenship or immigration status, the public body shall decline to disclose the information unless disclosure is required by:
(A) State or federal law;
(B) A court order; or
(C) A warrant authorized by a court.
(b) Nothing in this subsection:
(A) Prevents a person from obtaining records about the person or the person’s dependents from a public body; or
(B) Authorizes a public body to withhold aggregated information that is not personally identifiable.
(5) A public body shall, within six months of August 15, 2017, and every year thereafter, review the public body’s confidentiality policies to ensure that the public body treats information concerning a person’s citizenship or immigration status, and information described in subsection (2) of this section, in a manner consistent with this section and ORS 180.810.
(6) Any person may bring a civil action against a law enforcement agency or public body that violates subsection (2) or (3) of this section to enjoin the violation. [2017 c.724 §1; 2021 c.550 §8]
Note: 180.805 and 180.810 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 180 - Attorney General; Department of Justice
Section 180.060 - Powers and duties of Attorney General.
Section 180.073 - Subpoena authority in criminal investigation.
Section 180.075 - Disclosure of information obtained under subpoena.
Section 180.095 - Department of Justice Protection and Education Revolving Account.
Section 180.096 - Use of Countrywide Financial Corporation settlement proceeds.
Section 180.125 - Intergovernmental road maintenance agreements.
Section 180.140 - Other assistants; salaries; representation of indigent clients.
Section 180.160 - Charges for services to public agencies; rules.
Section 180.180 - Department of Justice Operating Account.
Section 180.200 - Department of Justice Client Trust Account.
Section 180.205 - Tobacco Enforcement Fund.
Section 180.220 - Powers and duties.
Section 180.235 - Authority of agency to employ counsel; qualification and salary; status.
Section 180.260 - Service of process by department employees.
Section 180.267 - Authority of Department of Justice to require fingerprints.
Section 180.269 - Biennial litigation reports to Legislative Assembly.
Section 180.345 - Child Support Program; rules.
Section 180.365 - Child Support Suspense Fund.
Section 180.380 - Disclosure of information to authorized persons.
Section 180.400 - Legislative findings.
Section 180.405 - Definitions.
Section 180.410 - Manufacturer certification.
Section 180.415 - Nonparticipating manufacturer certification; rules.
Section 180.416 - Nonparticipating manufacturer bond; rules.
Section 180.420 - Document retention period.
Section 180.425 - Attorney General’s directory; rules.
Section 180.430 - Nonresident nonparticipating manufacturer service agent.
Section 180.440 - Prohibited conduct; penalty.
Section 180.441 - Prohibited shipping; in-person sale required.
Section 180.445 - Quarterly escrow deposits; rules.
Section 180.448 - Attorney General investigative demand.
Section 180.450 - Judicial review; civil remedies; rules.
Section 180.451 - Civil remedies for violation of ORS 180.441; penalty.
Section 180.468 - Definitions.
Section 180.471 - Manufacturer certification.
Section 180.474 - Nonparticipating manufacturer certification; rules.
Section 180.477 - Attorney General’s directory; rules.
Section 180.480 - Nonresident nonparticipating manufacturer service agent.
Section 180.486 - Prohibited conduct; penalty.
Section 180.489 - Quarterly escrow deposits; rules.
Section 180.491 - Judicial review; civil remedies; rules.
Section 180.540 - Review of consumer contracts for conformity with plain language standards.
Section 180.545 - Plain language standards; approval; fees.
Section 180.550 - Compliance statement.
Section 180.555 - Exemptions; effect of certification; admissibility.
Section 180.600 - Definitions.
Section 180.610 - Investigation of organized criminal activity; powers and duties of department.
Section 180.640 - Criminal Justice Revolving Account.
Section 180.700 - Advisory committee; rules.
Section 180.710 - Program reviews.
Section 180.720 - Hope Card Program; rules.
Section 180.750 - Definitions.
Section 180.755 - Prohibited acts.
Section 180.760 - Civil action for violation; remedies; penalty.
Section 180.765 - Statute of limitation.
Section 180.775 - Investigative demand.
Section 180.780 - Distribution of recovered amounts.