MARION COUNTY, OR – A federal lawsuit filed this past August by Marion County, Oregon, which alleges incongruencies between state sanctuary laws and attempts to adhere to federal subpoenas, has garnered support from 20 counties within Oregon as local officials throughout the state seek clarity on how to comply with seemingly conflicting laws.
Marion County, as is all of Oregon, is caught up in a legal manifestation of the conflicting two-parent conundrum where mom says one thing and dad says another, with the roles of the proverbial parents being the state of Oregon and the federal government.
Wanting to address the seemingly conflicting nature of Oregon’s sanctuary laws and the legal demands of the federal government, Marion County filed a federal lawsuit in August to have the court decide what they should do regarding subpoenas from the federal government about the parole records of four suspected illegal aliens.
Named in the August lawsuit are Oregon Governor Tina Kotek, Homeland Security Secretary Kristi Noem and Acting Director of Immigration and Customs Enforcement (ICE) Todd Lyons.
The suit points to very specific laws federally and within Oregon that has created a conflict where Marion County is worried that either submitting to or ignoring the subpoenas puts local officials in the crosshairs of legal trouble federally or within the state.
Namely, Oregon law reportedly prohibits “a public body” from disclosing “for the purpose of enforcement of federal immigration laws” things like a person’s address, place of work or school, contact information, and the identities of known associates and relatives.
In contrast, Marion County points to federal subpoena powers, further noting in the lawsuit, “Federal Immigration Law authorizes states and localities to cooperate with the federal government in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.”
Back in August, Marion County Chair Danielle Bethell said of the legal conundrum, “Obviously, we want to keep dangerous people out of our community and off of our streets. We also want to make sure the state won’t come after our community and sue us if we provide the requested records to the federal administration.”
Commissioner Bethell expressed the collective confusion stemming from these state and federal laws, adding, “Marion County has to follow both federal and state laws, and there’s a serious lack of clarity that the courts need to figure out.”
As it currently stands, 20 out of the 36 counties in Oregon are in support of the lawsuit, as the local officials overseeing said counties are eager to know exactly how to proceed amid these confusing circumstances.
Oregon Attorney General Dan Rayfield has come out in defense of Oregon’s sanctuary laws, asserting the courts in the past have upheld that subpoenas from ICE are somehow allowed to be ignored and only “a judicial warrant” has to be adhered to.
“Oregon’s sanctuary law has already been upheld by the courts, including the Ninth Circuit, which made clear it does not conflict with federal law,” Rayfield stated, adding, “My office has also been clear with Marion County and others, Oregon sanctuary law allows officials to produce information in response to a judicial warrant, but an administrative subpoena from ICE is not a judicial warrant.”
Considering the complexities and contentious nature of sanctuary laws surrounding the case, if the matter eventually lands in the lap of the Supreme Court, the legal ambiguities revolving around ICE administrative subpoenas could finally find national resolution.
Marion County, as is all of Oregon, is caught up in a legal manifestation of the conflicting two-parent conundrum where mom says one thing and dad says another, with the roles of the proverbial parents being the state of Oregon and the federal government.
Wanting to address the seemingly conflicting nature of Oregon’s sanctuary laws and the legal demands of the federal government, Marion County filed a federal lawsuit in August to have the court decide what they should do regarding subpoenas from the federal government about the parole records of four suspected illegal aliens.
Named in the August lawsuit are Oregon Governor Tina Kotek, Homeland Security Secretary Kristi Noem and Acting Director of Immigration and Customs Enforcement (ICE) Todd Lyons.
The suit points to very specific laws federally and within Oregon that has created a conflict where Marion County is worried that either submitting to or ignoring the subpoenas puts local officials in the crosshairs of legal trouble federally or within the state.
Namely, Oregon law reportedly prohibits “a public body” from disclosing “for the purpose of enforcement of federal immigration laws” things like a person’s address, place of work or school, contact information, and the identities of known associates and relatives.
In contrast, Marion County points to federal subpoena powers, further noting in the lawsuit, “Federal Immigration Law authorizes states and localities to cooperate with the federal government in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.”
Back in August, Marion County Chair Danielle Bethell said of the legal conundrum, “Obviously, we want to keep dangerous people out of our community and off of our streets. We also want to make sure the state won’t come after our community and sue us if we provide the requested records to the federal administration.”
Commissioner Bethell expressed the collective confusion stemming from these state and federal laws, adding, “Marion County has to follow both federal and state laws, and there’s a serious lack of clarity that the courts need to figure out.”
As it currently stands, 20 out of the 36 counties in Oregon are in support of the lawsuit, as the local officials overseeing said counties are eager to know exactly how to proceed amid these confusing circumstances.
Oregon Attorney General Dan Rayfield has come out in defense of Oregon’s sanctuary laws, asserting the courts in the past have upheld that subpoenas from ICE are somehow allowed to be ignored and only “a judicial warrant” has to be adhered to.
“Oregon’s sanctuary law has already been upheld by the courts, including the Ninth Circuit, which made clear it does not conflict with federal law,” Rayfield stated, adding, “My office has also been clear with Marion County and others, Oregon sanctuary law allows officials to produce information in response to a judicial warrant, but an administrative subpoena from ICE is not a judicial warrant.”
Considering the complexities and contentious nature of sanctuary laws surrounding the case, if the matter eventually lands in the lap of the Supreme Court, the legal ambiguities revolving around ICE administrative subpoenas could finally find national resolution.
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Comments
2025-10-09T18:59-0400 | Comment by: Paul
I thought federal laws topped all.
2025-10-09T19:14-0400 | Comment by: James
Oregon is now a marxist state that needs to be put under Marshal Law!
2025-10-09T19:25-0400 | Comment by: gracey
sanctuary cities are violating Federal law and are aiding and abetting illegal border insurgents promoted by democrats that hate Americans and support trans gender groomers, pedophilia, antifa, criminals, illegal border insurgents, and communists to destroy America, any vote for any democrat for any office is a vote for destruction of America. period!