Oregon Measure 105, Repeal Sanctuary State Law Initiative (2018)

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Oregon Measure 105
Flag of Oregon.png
Election date
November 6, 2018
Topic
Immigration
Status
Defeatedd Defeated
Type
State statute
Origin
Citizens


Oregon Measure 105, the Repeal Sanctuary State Law Initiative, was on the ballot in Oregon as an initiated state statute on November 6, 2018. It was defeated.

A yes vote supported this ballot initiative to repeal Oregon's sanctuary state law which limits the cooperation of local law enforcement with federal immigration enforcement.
A no vote opposed this ballot initiative, thereby keeping the state’s sanctuary law which limits the cooperation of local law enforcement with federal immigration enforcement.


Election results

Oregon Measure 105

Result Votes Percentage
Yes 675,389 36.54%

Defeated No

1,172,774 63.46%
Results are officially certified.
Source

Overview

Measure design

Measure 105 would have repealed the state law, Oregon Revised Statute 181A.820, which forbids state agencies, including law enforcement, from using state resources or personnel to detect or apprehend persons whose only violation of the law is that of federal immigration law.

Measure 105 would have allowed any law enforcement agency to use agency funds, equipment, and personnel to detect and apprehend people whose only violation of the law is a violation of federal immigration law.[1]

When did Oregon become a sanctuary state?

Oregon's sanctuary law was passed in 1987. According to Rewire News, the law was passed in response to racial profiling of immigrants by local, state, and federal law enforcement working together.[2] The sanctuary law started out as House Bill 2314, which passed in the House on February 20, 1987, with 54 yes votes to three no votes. The three no votes came from Republican representatives— Verner Anderson (R-45), George L. Gilman (R-50), and George Trahern (R-49). The bill passed the Senate with amendments by a vote of 29-1. The single no vote came from Sen. Lenn Hannon (R). The House concurred with the Senate’s amendments and repassed the measure with 58 yes votes and one no vote, from Rep. Trahern (R-26).[3][4]

Immigration as a national issue

The Federation for American Immigration Reform said, "Thirty years after becoming the first sanctuary state in the nation, Oregon voters will have a chance to make it the first ex-sanctuary state... [leaving] its dangerous sanctuary policies behind."[5]

Andrea Williams of Causa, which describes itself as an immigrant rights organization, said, "This ballot measure has national implications. The Federation for American Immigration Reform has created a national strategy group, and their ambitions are much larger than Oregon. Success here will open the door for other jurisdictions and states to question their laws as well."[6]

President Donald Trump has stated his opposition to sanctuary jurisdictions—cities, counties, or states that have enacted policies that limit the involvement of local officials in the enforcement of federal immigration law—and said that he would cancel all federal funding to them. On January 25, 2017, Trump took his first action against sanctuary jurisdictions by signing an executive order designed to make them ineligible for federal grants and prioritize the deportation of individuals who pose a threat to public safety. The order was challenged by multiple cities and the state of California.[7][8]

When asked if she would give up such federal funding, Brown said Oregon's funding was not at risk and that she was "willing to do what's right to make sure we protect Oregonians, we protect our culture and we protect our economy." Pacific University politics professor Jim Moore said, "This fits into the West Coast ethos. It's not like Oregon is the 'weird state out' in any of this."[9]

How did this measure get on the ballot?

Three Republican members of the Oregon House of RepresentativesSal Esquivel (R-6), Mike Nearman (R-23), and Greg Barreto (R-58)— filed the proposal with the secretary of state's office on April 25, 2017. Esquivel said, "It's time that Oregon complies with federal law like it should have in the first place. If you want to become an American become an American. If you want to come here for economic advantages and do it illegally then I don't think you should belong here."[10]

Who was behind the campaigns surrounding the measure?

The following two committees were registered to support Measure 105:[11]

  • The Repeal Oregon Sanctuary Law Committee (ROSLC)
  • Parent's Education Association PAC

Together, they had raised $477,388.06 and had spent $482,733.40

The following five measure committees were registered to oppose Measure 105:[11]

  • Oregonians United Against Profiling
  • Defend Oregon
  • Oregon Right to Health
  • Team Oregon
  • Oregonians for Sanctuary

Together, they had raised $12.05 million and had spent $11.15 million.

Text of measure

Ballot title

The ballot title for the initiative was as follows:[12]

Repeals law limiting use of state/local law enforcement resources to enforce federal immigration laws

Result of' “Yes” Vote: “Yes” vote repeals law limiting (with exceptions) use of state/local law enforcement resources for detecting/apprehending persons suspected only of violating federal immigration laws.

Result of “No” vote: “No” vote retains law limiting (with exceptions) use of state /local law enforcement resources for detecting/apprehending persons suspected only of violating federal immigration laws. [13]

Ballot summary

The ballot summary for the initiative was as follows:[12]

Measure repeals ORS 181A.820, which limits (with

exceptions) the use of state and local law enforcement money, equipment and personnel for “detecting or apprehending persons whose only violation of law” pertains to their immigration status. Current exceptions allow using law enforcement resources to:

  • Detect or apprehend persons accused of violating federal

immigration laws who are also accused of other violations of law;

  • Arrest persons “charged by the United States with a criminal

violation of federal immigration laws” who are “subject to arrest for the crime pursuant to a warrant of arrest issued by a federal magistrate”;

  • Communicate with federal immigration authorities to verify

immigration status of arrested persons or “request criminal investigation information with reference to persons named in records of” federal immigration officials.[13]

Full text

Measure 105 would have repealed Oregon Revised Statute 181A.820. The following law would have been repealed:[1]

(1) No law enforcement agency of the State of Oregon or of any political subdivision of the state shall use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws.

(2) Notwithstanding subsection (1) of this section, a law enforcement agency may exchange information with the United States Bureau of Immigration and Customs Enforcement, the United States Bureau of Citizenship and Immigration Services and the United States Bureau of Customs and Border Protection in order to:

(a) Verify the immigration status of a person if the person is arrested for any criminal offense; or
(b) Request criminal investigation information with reference to persons named in records of the United States Bureau of Immigration and Customs Enforcement, the United States Bureau of Citizenship and Immigration Services or the United States Bureau of Customs and Border Protection.

(3) Notwithstanding subsection (1) of this section, a law enforcement agency may arrest any person who:

(a) Is charged by the United States with a criminal violation of federal immigration laws under Title II of the Immigration and Nationality Act or 18 U.S.C. 1015, 1422 to 1429 or 1505; and
(b) Is subject to arrest for the crime pursuant to a warrant of arrest issued by a federal magistrate.

(4) For purposes of subsection (1) of this section, the Bureau of Labor and Industries is not a law enforcement agency.

(5) As used in this section, “warrant of arrest” has the meaning given that term in ORS 131.005. [Formerly 181.850]

Readability score

See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 12, and the FRE is 28. The word count for the ballot title is 73, and the estimated reading time is 19 seconds. The FKGL for the ballot summary is grade level 14, and the FRE is 21. The word count for the ballot summary is 124, and the estimated reading time is 33 seconds.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Supporters of Measure 105 wanted to remove the state's sanctuary law.
Yes on 105 logo 2018.JPG

Oregon Representatives Sal Esquivel (R-6), Mike Nearman (R-23), and Greg Barreto (R-58) were the chief sponsors of Measure 105. The Repeal Oregon Sanctuary Law Committee, also known as Stop Oregon Sanctuaries led the campaign in support of the measure.[14]

Supporters

Arguments

  • Rep. Sal Esquivel (R-6) said, "It's time that Oregon complies with federal law like it should have in the first place. If you want to become an American become an American. If you want to come here for economic advantages and do it illegally then I don't think you should belong here."[19]
  • Oregonians for Immigration Reform argued that "Since 1987, Oregon Revised Statute 181A.820 has kept Oregon's state and local law enforcement agencies from offering their fullest cooperation to the U.S. authorities charged with identifying and detaining illegal aliens. In doing so, the law has effectively rendered Oregon a "sanctuary" state for foreigners here illegally. Activists affiliated with Oregonians for Immigration Reform have filed Initiative Petition 22 with the Oregon Secretary of State's Elections Division. IP 22's goal: to place a measure onto the November 2018 statewide ballot that will give Oregonians the chance to repeal ORS 181A.820.[14]
  • Stop Oregon Sanctuaries argued that "Illegal aliens can and do harm the American citizens to whom Oregon owes its foremost responsibility. For this reason, enforcement of U.S. immigration law is central to the duties of Oregon's police departments and sheriff's offices. Sign Initiative Petition 22 to help give Oregonians the chance to repeal ORS 181A.820 -- and to free Oregon law enforcement to better protect Oregonians from criminal aliens."[20]
  • Jim Ludwick, communications director for Oregonians for Immigration Reform, said, "We're seeing right now this big hub bub about the issue of children being separated from their parents when they cross the border illegally, well, any time somebody breaks the law and they're incarcerated, they're always separated from their children."[21] After signatures were submitted on July 5, 2018, Ludwick said, "This November, Oregonians who support the rule of law will demonstrate ... with their votes. We're confident they'll choose to repeal the state's dangerous sanctuary law."[22]
  • Cynthia Kendoll, president of Oregonians for Immigration Reform, said after submitting signatures, "This afternoon, our committee took a huge step toward repealing Oregon's sanctuary statute and thereby freeing our police and sheriffs to cooperate more easily with federal immigration authorities enforcing U.S. immigration law." Kendoll also said, "It seems really unwise and foolish to have this protected class of people, where cooperation between agencies is prohibited."[22][23]
  • Oregon state representative and gubernatorial candidate Knute Buehler (R) said, "I see it as way to remove barriers between local and state law enforcement communicating and cooperating with federal officials to keep Oregonians safe. It’s regrettable that this measure is even needed.”[24]

Opposition

Opponents of Measure 105 opposed repealing Oregon's sanctuary state law. Therefore, opponents of the initiative wanted to keep the state's sanctuary law.
No on 105 logo 2018.jpg

Oregonians United Against Profiling led the campaign in opposition to Measure 105.[25]

Opponents

Following is a list of business, law enforcement, officials, and other organizations that have endorsed the Oregonians United Against Profiling campaign or otherwise indicated their opposition to Measure 105:[26]

Businesses

  • Por Qué No? Taqueria
  • 5 de Mayo
  • A to Z Wineworks
  • Advanced Roofing Tech
  • Albies & Stark LLC
  • All Teased Up
  • Alpine Cleaners
  • Another Read Through
  • Another State
  • Avamere
  • B-line Urban Delivery
  • Back to Eden Bakery
  • Beacon Sound
  • Beneficial State Foundation
  • Bennett, Hartman, Morris & Kaplan, LLP
  • Blithe and Bonny
  • Boo Han Market
  • Botanica Mexicana
  • Bozz Media
  • Bread and Honey Cafe
  • Bridges Cafe & Catering
  • Brink Communications
  • Brown Bear Herbs
  • Bun and Pho House
  • Bunk Sandwiches
  • Bustos Media
  • Byway's Cafe
  • Caffe Destino
  • Cameron Winery
  • Capella Market
  • Casa Mexico
  • Churros Locos
  • Cloud Cap Games
  • COIT Services Portland
  • Columbia Sportswear
  • Cornbread Cafe
  • Dana's Cheesecake Bakery
  • Dancing Hearts Consutling
  • Dark and Stormy
  • Deportes Castillo
  • Discoteca de Oaxaca de Salem Oregon
  • Dominio IV Wines
  • Don Pedro Time Inc.
  • Downeysmith Creative Marketing
  • Eastside guitar Repair
  • Eb & Bean
  • El Chicharito Spicy
  • El Coqui Puerto Rican Cuisine
  • El Dorado Boots
  • El Mensajero Magazine
  • El Ranchero Meat Market
  • El Torito Meat Market
  • Emerald Art Center
  • Enjoy Co. All Bad Days
  • Eugene Emeralds
  • Federico's Mexican Food
  • Fine Goose
  • Flag & Wire Coffee Co.
  • Flea Market Lancaster
  • FMYI, Inc
  • Fresh Cafe
  • Frock, Inc.
  • Fruit Box
  • Garry Small Small
  • GG's Accesorios
  • Gladys Bikes
  • Glass Roots
  • Grand Central Bakery
  • Grandma's Weddings
  • Green Zebra Grocery
  • Gumba, LLC.
  • Habromania
  • Harvest Fresh
  • Haven
  • Henkels Law LLC
  • Hernandez Electronics
  • Highet Law LLC
  • Hutch's Bike Shop
  • Impermeables Javier
  • Joe's Deli
  • Johnny's Cafe
  • Just Bob
  • Kaah Market
  • Kasia Rutledge Law
  • L’Etoffe Fabrics
  • La Bonita Bakery
  • La Cabana
  • La Consentida
  • La Epifania del Senor
  • La Finquita del Buho
  • La Mexicana 2000
  • Lancaster Flea Market
  • Las Muchachas Inc
  • Laughing Planet
  • Law Offices of Lourdes Sanchez P.C.
  • Le Pigeon
  • Let's do it: Wash, Pay and Fold
  • Limeadestand Works
  • Living Room Realty
  • Mae Ploy
  • Maid Produce
  • Main Street Alliance of Oregon
  • Mama Pauline's Afrikan Market
  • MC Custom Painting LLC
  • McDowell Rackner Gibson PC
  • Metro Boutique
  • Metropolitan Group
  • Mi Piace
  • Mia's Accesorios
  • Mimiís Fresh Tees LLC
  • Mini Super Hidalgo
  • Miranda Bros Bakery
  • Mississippi Pizza
  • Mohawk River Art and Gardens
  • Morning Thunder Cafe
  • Mosiac
  • Motel Del Rogue
  • Musique Plastique
  • Nachos Locos
  • Nama Ramen
  • Nancy Joe's Burgers and Fries
  • Nazari Law
  • Neil Kelly
  • NELSON SMITH
  • New Seasons Market
  • Nike
  • Northwest Natural
  • Nossa Familia Coffee
  • Novedades Chavez
  • Oregon Association of Nurseries
  • Compliance Counsel, LLC
  • Oregon Grown Gift Shop
  • PDX change-fair+square
  • PDX Gold Dust
  • Pedacito de Mexico
  • Pepe Chile Taqueria
  • Perez Play
  • PixelSpoke
  • Plank Town
  • Plaza Mongolia LCC
  • Portland Business Alliance
  • Portland General Electric
  • Portland Thorns
  • Portland Timbers
  • Postal Annex Hawthorne
  • Pot and Spicy
  • Potala
  • Prospect Bottleshop and Wine bar
  • Pure Spice Restaurant
  • Quesabrosa Taqueria
  • Rebeccah's Cottage
  • Relax into Healing
  • Ruby Jewel
  • Russell Fellows Properties
  • Salty's Pet Supply
  • Sandinos
  • Scarlet Chamberlin Styling
  • SE Physical Therapy
  • Shut Up and Eat
  • Sokol Blosser Winery
  • Soul Cart
  • Spiel Werk Toys
  • Spin Laundry Lounge
  • Sugar Mountain Vintage
  • Super Clips
  • Team Caldwell Auto
  • Thai Noon
  • The Attorney Whisperer
  • The Cut Hair Salon
  • The Fresh Pot
  • The Kings of Canna
  • The Pencil Test
  • The Rock Man
  • Tibet Spirit
  • Tinctoria, LLC
  • Tree House Children's Boutique
  • Tsunami Bookstore
  • Valley Commissary
  • Vende Joyeria y Trastes
  • Vernier Software
  • Via Chicago
  • Vic's Candy Store
  • VilleVelo bakeshop
  • Vino and Vango
  • Washburne Cafe
  • Widmer Brothers Brewing Company
  • Wright Public Affairs
  • Xocotl

Officials


Law Enforcement

  • Jeff Barker, State Rep & Retired Portland Police Lieutenant
  • Jana Ince-Carey, Retired Gresham Police Officer
  • Chris Gorsek, State Representative & Former Portland Police Officer
  • John Hummel Deschutes County District Attorney
  • Ron Louie, Retired Hillsboro Police Chief
  • James Manning, State Senator & Former Police Officer
  • Carla Piluso, State Representative & Retired Gresham Chief of Police
  • Mike Reese, Multnomah County Sheriff
  • Rod Underhill, Multnomah County District Attorney
  • Pat Garrett, Washington County Sheriff[29]

Organizations

  • 350PDX
  • Adelante Mujeres
  • American Civil Liberties Union (ACLU)
  • American Civil Liberties Union of Oregon
  • American Friends Service Committee
  • American Federation of Teachers (AFT) of Oregon[30]
  • Asian Pacific American Network of Oregon (APANO)
  • Audubon Society of Portland
  • Basic Rights Oregon
  • Beyond Toxics
  • Bus Project
  • Causa Oregon
  • Centro Cultural
  • Centro Latino Americano
  • Corvallis SURJ (Showing Up for Racial Justice)
  • Democratic Party of Oregon
  • Defend Oregon[31]
  • City Club of Portland
  • Ecotrust
  • Ecumenical Ministries of Oregon (EMO)
  • Eugene/Springfield NAACP
  • Family Forward Oregon
  • Forward Together
  • Innovation Law Lab
  • Interfaith Movement for Immigrant Justice
  • Latino Community Association
  • Latinx Alliance of Lane County
  • Latino Network
  • LGBTQ Community Fund dba Q Center
  • National Immigration Law Center
  • NARAL Pro-Choice Oregon
  • Nasty Women Get Shit Done
  • Northwest Health Foundation
  • Northwest Workers' Justice Project
  • NOW Oregon
  • OPAL Environmental Justice Oregon
  • Oregon AFL-CIO
  • Oregon Center for Public Policy
  • Oregon Education Association
  • Oregon Environmental Council
  • Oregon Justice Resource Center
  • Oregon Latino Health Coalition
  • Oregon NOW (National Organization for Women)
  • Oregon Physicians for Social Responsibility
  • Oregon Center for Public Policy
  • Oregon Rural Action
  • Oregonians for Sanctuary
  • Oregon League of Conservation Voters[32]
  • Oregon Voice
  • Our Revolution
  • PCUN Farmworkers Union
  • Planned Parenthood Advocates of Oregon
  • Portland JACL
  • Pueblo Unido PDX
  • Racial Justice Eastern Oregon
  • Racial Justice Organizing Committee
  • Rural Organizing Project
  • Salem Keizer Coalition for Equality
  • SEIU
  • Sierra Club, Oregon Chapter
  • Stand for Children
  • UFCW 555
  • Unete Center for Farm Worker Advocacy
  • Unidos Bridging Community
  • Unitarian Universalist Congregation of Salem
  • Unite Oregon
  • Verde
  • Virginia Garcia Memorial Health Center and Foundation
  • Voz Workers' Rights Education Project
  • AFSCME
  • AFT - GTFF Local #3544
  • University of Oregon
  • AFT-Oregon
  • Cement Masons
  • Confederation of Oregon School Administrators
  • IBEW Local 48
  • ILWU Local 5
  • International Union of Painters & Allied Trades, District Council 5 (IUPAT)
  • Iron Workers Local 29
  • Laborers Union
  • Oregon AFL-CIO
  • Oregon Building Trades Council
  • Oregon Education Association
  • Oregon Education Council
  • Oregon Nurses Association
  • Oregon School Employees
  • PCUN Farmworkers Union
  • SEIU 49
  • SEIU 503
  • SEIU Careworks
  • UFCW 555

Arguments

  • Oregonians United Against Profiling argued, "Today’s immigrants join the long American tradition of coming here in search of a better life and the freedom and opportunity Oregon and our nation offers. No Oregonian, including immigrant Oregonians, should live in fear that doing everyday things like going to work, going to school or reporting crimes to the police could result in harassment or families being torn apart."[26] The group also featured the following arguments on its website:[33]

A No vote on Measure 105 will keep the law in place, ensuring that:

  • Local police personnel, funds, equipment and facilities are not used to pursue and detain people suspected only of violating federal immigration law.
  • Oregonians cannot be stopped, detained or interrogated just because someone thinks they might be an undocumented immigrant.
  • Local police can continue to hold people accountable, including both immigrants and non-immigrants, if they commit crimes and harm our community.
  • Oregon taxpayer money will be kept in our communities and won’t be diverted to do the job of federal law enforcement.[13]
  • Nike CEO Mark Parker wrote, "Nike employs people from all over the world; we can attest to the unique value, contributions, and innovations that people from diverse backgrounds add to Nike and to Oregon's culture and economy. Ending Oregon's sanctuary law will damage Oregon's long-standing track record as a place that attracts diverse talent from across the globe."[34]
  • Columbia Sportswear CEO Tim Boyle wrote, "Oregon is enriched by our diversity, and immigrants living in Oregon are part of our families, communities, workplaces, and places of worship. Measure 105 does not align with Oregon values."[34]
  • Washington County District Attorney Kevin Barton and Washington County Sheriff Pat Garrett wrote in the Portland Tribune, "As district attorney and sheriff, we are the elected law enforcement leaders in Washington County. One of our primary obligations is to ensure public safety. We believe every member of our community has the right to live, work and raise a family in safety and that an essential aspect of being safe is feeling safe and having access to justice. This measure seeks to repeal ORS 181A.820, a 31-year-old Oregon law that controls when local law enforcement agencies may use local resources to enforce federal immigration laws. We are compelled to speak because we believe this ballot measure may negatively impact public safety. Our community is safer when citizens and non-citizens alike report crimes and testify in court so we can arrest and prosecute criminals. We believe that ORS 181A.820 strikes the right balance to keep our community safe and we oppose the effort to repeal it.[29]
  • Oregon League of Conservation Voters Executive Director Doug Moore and Oregon Sierra Club Director Erica Stock wrote, "If passed by Oregon voters, it would abolish a law dating back 30 years, which has been called a model for protecting local resources from being used to supplant federal immigration enforcement. For 30 years, this law has ensured our local police are able to focus on public safety, instead of being held hostage to the whims of federal immigration policy."[35]
  • Defend Oregon stated, "The administration in Washington, DC has set a radical new path on immigration: deporting thousands of law-abiding immigrants from their communities, separating children from their parents, and introducing racial and religious profiling to immigration law. Measure 105 would bring those same policies to Oregon. By voting no, we can show that Oregon wants no part of Donald Trump’s immigration policies."[36]
  • Joel Iboa of Causa, a local immigrant rights’ group, said, “Getting rid of this law opens the door to serious harassment and civil rights violations of our friends, families, and co-workers, simply because they are perceived to be undocumented." Iboa also said that local law enforcement could, in effect, be "another arm of Trump’s deportation force," and that "Immigrants, including those who may be undocumented, shouldn’t have to live in fear that doing basic things like going to work or school could result ... in their families being torn apart.”[23]
  • Andrea Gonzalez, of the Lower Columbia Hispanic Council, said, "I think safety is a concern for people. I think it’s just another, kind of, scare tactic toward the immigrant community. As someone who is brown, I will be profiled by my race where other people wouldn’t. I think that’s true for a lot of rural communities. They don’t know what it’s like to be racially profiled, so they won’t notice, but people of color will obviously.”[37]


Oregon County Sheriff's stances on Measure 105

Sheriffs in 18 Oregon counties (shaded orange) had signed a letter in support of Measure 105. Two county sheriffs (shaded blue) have come out in opposition to the measure. Ballotpedia did not identify sheriff's stances in counties shaded in gray.

Media editorials

See also: 2018 ballot measure media endorsements

Support

  • The Baker City Herald said: "We think Oregon voters should repeal the state’s 31-year-old 'sanctuary' statute by approving Ballot Measure 105 on the Nov. 6 ballot. We agree with Knute Buehler, the Republican candidate for governor, who said he will vote for Measure 105 because he believes repealing the sanctuary law will eliminate confusion and potential discrepancies in how individual counties deal with illegal immigration issues. Opponents of the measure contend its passage would encourage police to engage in the noxious tactic of racial profiling. But the 1987 “sanctuary” law is not the only bulwark against profiling. In 2015 Gov. Kate Brown signed a law — one we support — that creates a database of profiling complaints against police, and an independent task force to review those complaints."[38]

Opposition

  • The Portland Tribune said: "Federal agents for Immigration and Customs Enforcement are supposed to handle immigration concerns, while police officers and sheriff's deputies focus on criminal matters. As far as crime rates go, statistics show immigrants in general are less likely than native-born Americans to commit criminal offenses. We agree with local law enforcement officials that they should concentrate on preventing and solving criminal violations and communicate with ICE when it is appropriate on immigration cases. Voters should reject Measure 105."[39]
  • The Oregonian said: "Voters should reject Measure 105, too, knowing that a no vote will help to guarantee our ever-dwindling public safety dollars will be spent on policing local laws - not those that federal agents are paid to enforce. Measure 105 supporters have relied on fear tactics, telling voters that illegal entry is a "precursor" to other crimes. In fact, simply being in the country without authorization -- for instance if someone overstays a visa - isn't a crime but a civil offense. Also, numerous studies have shown that immigrants are less likely to commit crimes than American citizens. As lawmakers did in 1987, Oregonians should stand together against racial profiling and reject changes to a law that keeps us all safe."[40]
  • The Bend Bulletin said: "Measure 105 isn’t about public safety. Rather, it’s an unfortunate product of our political moment, and it encourages people to vote mad according to their views of Donald Trump, Kate Brown, the wall, the “resistance,” the nation’s incoherent immigration policy, the proliferation of sanctuary cities, you name it. While voting mad can feel pretty good, it often doesn’t produce thoughtful policy, which is what Oregonians ought to want. For that reason, voters should defeat Measure 105."[41]
  • The Register-Guard said: "Oregon has been a sanctuary state for three decades. We don’t spend state or local law enforcement resources assisting federal immigration enforcement when the only violation is immigration status. If an undocumented immigrant commits another crime, that’s another matter. Measure 105 asks voters to repeal the sanctuary law. They should not."[42]
  • The Salem Weekly said: "Repealing the Sanctuary Law is not a constructive way to deal with complex problems. Please vote no on Measure 105."[43]
  • Willamette Week said: "Yes, people living in Oregon without legal authorization have broken a law. But it is a federal law, and there is an entire federal agency dedicated to enforcing it: U.S. Immigration and Customs Enforcement. Oregon police shouldn't be enlisted to do ICE agents' jobs. Proponents' fear-mongering claims about criminal immigrants are so overblown they're essentially fiction. Data shows immigrants are far less likely to commit crimes than U.S. citizens. Reject this bad idea."[44]
  • The Herald and News wrote, "We still think it’s a good idea, though the board was split on it. On one hand, people who are in the country illegally are subject to our laws and when they break them, should be punished just like a regular citizen. But there should be a strict dividing line between state and federal authority. Many county sheriff’s want to see this law repealed. Yet, this is a “feel good” law, politically motivated, and the change is cosmetic. Keep the separation of law enforcement powers, Vote 'No.'"[45]

Additional editorials opposing Measure 105

In addition to the above media endorsements, the following editorial boards have endorsed a no vote on the measure:

  • The Corvallis Gazette-Times[46]

Campaign finance

See also: Campaign finance requirements for Oregon ballot measures
Total campaign contributions:
Support: $477,388.06
Opposition: $12,048,521.34


The following two committees were registered to support Measure 105:[11]

  • The Repeal Oregon Sanctuary Law Committee (ROSLC)
  • Parent's Education Association PAC

Together, they had raised $477,388.06 and had spent $482,733.40

The following five measure committees were registered to oppose Measure 105:[11]

  • Oregonians United Against Profiling
  • Defend Oregon
  • Oregon Right to Health
  • Team Oregon
  • Oregonians for Sanctuary

Together, they had raised $12.05 million and had spent $11.15 million.

As of November 2018, fifteen (15) committees were registered to support and/or oppose the five (5) statewide measures on Oregon's November 2018 ballot. Many committees were simultaneously registered to support and oppose multiple measures, therefore it is impossible to distinguish between funds spent on a particular measure. Further, many committees gave contributions to other committees. A full list of the committees and their positions can be found here.


Support

Committees in support of Oregon Measure 105
Supporting committeesCash contributionsIn-kind servicesCash expenditures
Repeal Oregon Sanctuary State Law Committee$115,120.08$341,780.28$112,457.43
Parent's Education Association PAC$20,487.70$0.00$28,495.69
Total$135,607.78$341,780.28$140,953.12
Totals in support
Total raised:$477,388.06
Total spent:$482,733.40

Top donors

Following are the top two donors to the support campaign. Together, they contributed 71.38 percent of the total contributions.

Donor Cash In-kind Total
Federation for American Immigration Reform (FAIR) $0.00 $177,797.61 $177,797.61
Oregonians for Immigration Reform $67,500.00 $95,470.62 $162,970.62

Opposition

The top five donors to Oregonians United Against Profiling opposition to Measure 105 provided 66 percent of the total contributions to the committee.[11]

Committees in opposition to Oregon Measure 105
Opposing committeesCash contributionsIn-kind servicesCash expenditures
Oregonians United Against Profiling$1,425,349.61$694,693.73$945,906.22
Defend Oregon$7,229,181.64$645,035.78$7,288,542.40
Oregon Right to Health$3,620.00$1.96$2,780.89
Team Oregon$1,190,835.16$859,803.46$716,356.19
Oregonians for Sanctuary$0.00$0.00$0.00
Total$9,848,986.41$2,199,534.93$8,953,585.70
Totals in opposition
Total raised:$12,048,521.34
Total spent:$11,153,120.63

Top donors

Top donors listed here are the top donors for the committee that was exclusively opposing Measure 105: Oregonians United Against Profiling. Top donors to the other committees are not included in the chart below because they were registered with a position on multiple measures on the ballot, making it impossible to determine on which measure the committee's funds were used. Shown below are donors who had given more than $100,000.[11]

Donor Cash In-kind Total
Northwest Health Foundation $620,000.00 $0.00 $620,000.00
ACLU $489,000.00 $166,126.27 $655,126.27
ACLU of Oregon $150,000.00 $327,682.19 $477,682.19
Oregon State Council of Service Emoloyees $105,000.00 $0.00 $105,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: Ballotpedia's approach to covering polls and 2018 ballot measure polls
A no vote is a vote to retain the state's sanctuary law while a yes vote is a vote to repeal it.

Below are results of polls that asked respondents how they would vote on Measure 105. Also displayed are the dates the poll was conducted, the number of respondents, and the poll's margin of error.

Oregon Measure 105
Poll Yes- support No- opposeUndecidedMargin of errorSample size
DHM Research Poll
10/4/18 - 10/11/18
32.0%45.0%23.0%+/-4.4500
Riley Research Associates Poll
9/24/18 - 10/7/18
40.0%51.0%9.0%+/-5.2356
Hoffman Research Group Poll
9/12/18 - 9/13/18
31.0%50.0%19.0%+/-3.80680
AVERAGES 34.33% 48.67% 17% +/-4.47 512
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to [email protected].

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Background

Oregon's sanctuary law

Oregon's sanctuary law was signed by the Governor on July 7, 1987. The sanctuary law started out as House Bill 2314 of 1987. The bill passed in the House on February 20, 1987, in a vote of 54-3, with three members excused. The three representatives that voted no were Reps. Verner Anderson (R-45), George L. Gilman (R-50), and George Trahern (R-49). On June 9, 1987, the bill passed the Senate with amendments by a vote of 29-1. The single no vote came from Sen. Lenn Hannon (R). On June 11, the House concurred with the Senate’s amendments and repassed the measure with 58 yes votes and one no vote, from Rep. Trahern (R-26). One representative was excused from voting. Though the law is cited as ORS 181A.820 now, it was referred to then as ORS 181.850.[47][48]

Sanctuary jurisdictions

See also: Sanctuary jurisdictions

In general, the term sanctuary jurisdiction refers to a city, county, or state that has enacted policies that limit local officials' involvement in the enforcement of federal immigration law. While a jurisdiction may self-identify or be described by others as a sanctuary jurisdiction, the specific policies that prompt the designation are disputed and there is no official definition of the term in federal law. Examples of sanctuary policies include policies that bar local law enforcement officers from asking about immigration status or arresting individuals who violate federal immigration law.

The Center for Immigration Studies identified seven states as sanctuary states: California, Colorado, Illinois, Massachusetts, New Mexico, Oregon, and Vermont.

A June 2017 study by Ballotpedia found that 32 of the largest 100 cities by population in the United States fit Ballotpedia's definition of a sanctuary jurisdiction.

The map below from the Center of Immigration Studies pinpoints cities (red), counties (yellow), and states (green) that have sanctuary laws, ordinances, or policies. An interactive version of the map is available here.[49]

Sanctuarymap.JPG

Level of cooperation with ICE by county

The map below was created by Victoria Beckley for the Immigrant Legal Resource Center (ILRC). The ILRC describes its mission as "to work with and educate immigrants, community organizations, and the legal sector to continue to build a democratic society that values diversity and the rights of all people."[50] The map shows county policies on assisting immigration enforcement. An interactive version of this map can be found here.[51]

County policies ICE.JPG
Methodology from the Immigrant Legal Resource Center: "This map shows the degree to which local law enforcement offer assistance to federal immigration authorities, as well as the degree to which localities have enacted laws or policies limiting their involvement in federal immigration enforcement. The map is based on a 7-point rubric of the types of policy choices that most affect local engagement in immigration enforcement. Because the 7 factors are cumulative, counties of the same color do not necessarily have the same policies, but rather offer the same number of types of assistance to ICE. In addition, the map reflects existing policy statements or laws, but not the actual level of compliance with those laws."[52]

January 25, 2017: Trump executive order on sanctuary jurisdictions

See also: Federal policy on immigration, 2017-2020

On January 25, 2017, President Donald Trump signed an executive order that introduced penalties against sanctuary cities. The order made them ineligible for federal grants and prioritized the deportation of individuals who “pose a risk to public safety or national security.” This directive applied to non-citizens found guilty of a criminal offense and those charged with but not convicted of a crime. Secure Communities, a deportation program discontinued under the Obama administration which used local law enforcement arrest data to identify individuals residing in the U.S. without legal permission, was also reinstituted as a result of this executive order.[8]

The executive order established the following three practices:[8]

  • Made sanctuary cities ineligible for federal funding at the discretion of the attorney general and secretary of homeland security;
  • Instructed the secretary of homeland security to use the "Declined Detainer Outcome Report" or a similar report to publish weekly "a comprehensive list of criminal actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens"; and
  • Directed the Office of Management and Budget to collect information on federal grant money received by sanctuary jurisdictions.

Immigration on the ballot in Oregon

See also: Immigration on the ballot and List of Oregon ballot measures

Ballotpedia has tracked the following ballot measure(s) relating to immigration in Oregon.

  1. Oregon Measure 58, Public School English Immersion Initiative (2008)
  2. Oregon Alternative Driver Licenses Referendum, Measure 88 (2014)


The Oregon Alternative Driver Licenses Referendum, Measure 88, was on the November 4, 2014 ballot in Oregon as a veto referendum, where it was defeated.[53] The measure subjected Senate Bill 833 to a popular vote. If it had been upheld, SB 833 would have made four-year driver licenses available to those who could not prove legal presence in the United States.[54] Oregonians for Immigration Reform led the campaign in opposition to Measure 88, advocating for a no vote in order to bar those who could not prove legal presence in the United States from being able to obtain drivers licenses.

Path to the ballot

See also: Laws governing the initiative process in Oregon

The state process

In Oregon, the number of signatures required to qualify an initiated state statute for the ballot is equal to 6 percent of the votes cast for governor in the most recent gubernatorial election. Signatures for Oregon initiatives must be submitted four months prior to the next regular general election. State law also requires paid signature gatherers to submit any signatures they gather every month.

Moreover, Oregon is one of several states that require a certain number of signatures to accompany an initiative petition application. The signatures of at least 1,000 electors are required to trigger a review by state officials, a period of public commentary, and the drafting of a ballot title. Prior to gathering these initial 1,000 signatures, petitioners must submit the text of the measure, a form disclosing their planned use of paid circulators, and a form designating up to three chief petitioners. The 1,000 preliminary signatures count toward the final total required.

The requirements to get an initiated state statute certified for the 2018 ballot:

In Oregon, signatures are verified using a random sample method. If a first round of signatures is submitted at least 165 days before an election and contains raw, unverified signatures at least equal to the minimum requirement, but verification shows that not enough of the submitted signatures are valid, additional signatures can be submitted prior to the final deadline.

Petitioners were required to collect 88,184 valid signatures to get their initiated state statute on the ballot. Signatures for initiatives needed to be submitted four months prior to the election on November 6, 2018, which was July 6, 2018.

Cost of signature collection:
Ballotpedia found no petition companies that received payment from the sponsors of this measure, which means signatures were likely gathered largely by volunteers. A total of $65,000.00 was spent to collect the 88,184 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $0.74.[11]

Details about this initiative

  • Representatives Sal Esquivel (R-6), Mike Nearman (R-23), and Greg Barreto (R-58) filed the proposal with the secretary of state's office on April 25, 2017.[12] Oregon requires that 1,000 signatures be submitted before a ballot title is drafted. These signatures were submitted for version #22, and the initiative was cleared for circulation on October 11, 2017. Version #6 was withdrawn as of April 16, 2018.
  • Complaints regarding misrepresentation of the measure by petition signature gatherers had been forwarded to the Oregon Justice Department for criminal investigation. Lee Vasche, owner of the signature gathering company said he was aware of misrepresentation by signature gatherers, but that those gatherers had been fired and around 400 signatures collected by them had been destroyed.[55]
  • On July 5, 2018, proponents reported submitting 105,000 signatures to the Secretary of State's office.[56]
  • On July 17, 2018, the Oregon Secretary of State Elections Division reported via Twitter that the measure qualified for the November ballot with a signature validity rate of 95.2 percent.[57]

How to cast a vote

See also: Voting in Oregon

Poll times

Oregon is an all-mail voting state.[58] Each county provides privacy booths that voters can use to mark their ballot.[59] County clerks' offices are open from 7:00 a.m. to 8:00 p.m. local time on Election Day.[60] Oregon is divided between the Mountain and Pacific time zones.

Registration requirements

Check your voter registration status here.

To register to vote in Oregon, one must be a resident of Oregon, a United States citizen, and at least 16 years old. Voters must be at least 18 years old by the day of the election in order to receive a ballot.[61] Potential voters can register online or by mailing in a voter registration form to your county election office. The deadline to register is 21 days before the election.[61]

Automatic registration

Oregon implemented automatic voter registration in 2016. For more information, click here.

Online registration

See also: Online voter registration

Oregon has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Oregon does not allow same-day voter registration.[61]

Residency requirements

To register to vote in Oregon, you must be a resident of the state.[61]

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Oregon does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who knowingly falsely registers "can be fined up to $125,000 and/or imprisoned for up to 5 years."[62]

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[63] As of November 2024, five states — Alabama, Arizona, Georgia, Kansas, and New Hampshire — had passed laws requiring verification of citizenship at the time of voter registration. However, only two of those states' laws were in effect, in Arizona and New Hampshire. In three states — California, Maryland, and Vermont — at least one local jurisdiction allowed noncitizens to vote in some local elections as of November 2024. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Oregon Secretary of State’s Office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Oregon is an all-mail voting state. When registering to vote, voters must provide their driver's license number or state ID card number. If voters can not provide this information, they can print and sign a online voter registration form and mail it to their county election office to complete their registration.[58]


See also

External links

Support

Opposition

Footnotes

  1. 1.0 1.1 Oregon Secretary of State, "Complete Text of Initiative," accessed October 23, 2016
  2. Rewire News, "Fight Over Sanctuary Law Puts Oregon At Center of National Immigration Battles," accessed September 20, 2018
  3. Oregonians for Immigration Reform, "Oregon's sanctuary law," accessed September 14, 2018
  4. Oregon Secretary of State, "Oregon 1987 legislators," accessed September 14, 2018
  5. FAIR, "Oregon Sanctuary Repeal Qualifies For November Ballot," accessed October 5, 2018
  6. Rewire News, "Fight Over Sanctuary Law Puts Oregon At Center of National Immigration Battles," accessed October 5, 2018
  7. Donald J. Trump for President, "Donald Trump’s Contract with the American Voter," accessed November 18, 2016
  8. 8.0 8.1 8.2 White House, "Executive Order: Enhancing Public Safety in the Interior of the United States," January 25, 2017
  9. Oregon Live, "Gov. Kate Brown strengthens sanctuary law, asks AG to fight Trump's travel ban," accessed September 20, 2018
  10. KVAL, "Oregon's sanctuary status could be in jeopardy," accessed July 10, 2018
  11. 11.0 11.1 11.2 11.3 11.4 11.5 11.6 Oregon Secretary of State, "Committee Search," accessed July 13, 2018
  12. 12.0 12.1 12.2 Oregon Secretary of State, "Initiative 22," accessed May 3, 2017
  13. 13.0 13.1 13.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  14. 14.0 14.1 Oregonians for Immigration Reform, "Home," accessed May 3, 2018
  15. Oregonians for Immigration Reform, "Home," accessed September 6, 2018
  16. 16.0 16.1 The Bulletin, "Brown and Buehler agree on abortion, housing ballot measures," accessed August 15, 2018
  17. Bend Source, "Sheriff Nelson Endorses Pro-Measure 105 Statement," accessed September 5, 2018
  18. Twitter, @Oregon_GOP on Twitter, Oct 30, 2018 Tweet
  19. KVAL, "Oregon's sanctuary status could be in jeopardy," accessed July 10, 2018
  20. Stop Oregon Santuaries, "About," accessed May 3, 2018
  21. KGW 8, "Oregon group says immigration laws must be enforced," accessed June 27, 2018
  22. 22.0 22.1 Statesman Journal, "Signatures submitted for petition to repeal Oregon's immigration sanctuary status," accessed July 6, 2018
  23. 23.0 23.1 Register Guard, "Support for ‘sanctuary’ laws could be put to test in Oregon," accessed July 10, 2018
  24. Bend Bulletin, "Buehler backs repeal of sanctuary state law," accessed August 24, 2018
  25. Oregonians United Against Profiling, "About," accessed July 6, 2018
  26. 26.0 26.1 Oregonians United Against Profiling, "Our Coalition," accessed July 6, 2018
  27. Oregon Public Broadcasting, "Where They Stand: Oregon's Gubernatorial Candidates On Immigration," accessed September 25, 2018
  28. Bend Source, "Sanctuary?," accessed July 12, 2018
  29. 29.0 29.1 29.2 Portland Tribune, "Law enforcement leaders back sanctuary law," accessed August 8, 2018
  30. Oregon AFT, "2018 Ballot Measure Briefing: What this Year’s Measures Could Mean for You and Your Family," accessed October 14, 2018
  31. Oregon Secretary of State, "Defend Oregon Statement of Organization," accessed August 15, 2018
  32. Oregon League of Conservation Voters, "Endorsements," accessed September 1, 2018
  33. Oregonians United Against Profiling, "Our Coalition," accessed August 24, 2018
  34. 34.0 34.1 Cite error: Invalid <ref> tag; no text was provided for refs named nike
  35. Oregon Live, "Anti-immigrant ballot measures have no place in Oregon (Guest opinion)," accessed September 4, 2018
  36. Defend Oregon, "Pledge to vote no," accessed September 1, 2018
  37. Daily Astorian, "Oregon sanctuary law repeal could shift relationships with local law enforcement," accessed August 1, 2018
  38. Baker City Herald, "Sanctuary law repeal is sensible," accessed September 5, 2018
  39. Portland Tribune, "Our Opinion: Don't repeal 'sanctuary' law that works," accessed September 26, 2018
  40. Oregon Live, "Editorial endorsement: Vote no on 105 repeal of Oregon's sanctuary law," accessed October 5, 2018
  41. Bend Buleltin, "Editorial: Vote ‘no’ on Measure 105," accessed October 19, 2018
  42. The Register-Guard, "Vote no on divisive immigration and abortion measures," accessed October 19, 2018
  43. Salem Weekly, "DEFEAT MEASURE 105," accessed October 19, 2018
  44. Willamette Week, "WW’s November 2018 Endorsements for Oregon Ballot Measures," accessed October 19, 2018
  45. H&N Editorial: Our view on several ballot issues," October 21, 2018
  46. Gazette Times, "Editorial: Voters should preserve state's sanctuary law," accessed November 1, 2018
  47. Oregonians for Immigration Reform, "Oregon's sanctuary law," accessed September 14, 2018
  48. Oregon Secretary of State, "Oregon 1987 legislators," accessed September 14, 2018
  49. Center for Immigration Studies, "Map 1: Sanctuary Cities, Counties, and States, updated May 30, 2018," accessed September 20, 2018
  50. Immigrant Legal Resource Center, "Mission," accessed October 5, 2018
  51. Immigration Legal Resource Center, "The Rise of Sanctuary," accessed September 20, 2018
  52. Immigrant Legal Resource Center, "Local enforcement map," accessed September 20, 2018
  53. The Oregonian, "Oregon driver card bill headed to the November 2014 ballot," October 18, 2013
  54. Oregon Secretary of State measure status, IRR 301
  55. Cite error: Invalid <ref> tag; no text was provided for refs named wapo
  56. KGW8 News, "Signatures submitted for petition to repeal Oregon's immigration sanctuary status," accessed July 6, 2018
  57. Twitter, "@OregonElections July 17, 2018 2:30 PM Tweet," accessed July 18, 2018
  58. 58.0 58.1 Oregon Secretary of State, “Voting in Oregon,” accessed April 20, 2023
  59. Deschutes County Oregon, “Voting in Oregon FAQ,” accessed April 20, 2023
  60. Oregon.gov, "Public Elections Calendar, November 2024," accessed January 9, 2024
  61. 61.0 61.1 61.2 61.3 Oregon Secretary of State, "Oregon Online Voter Registration," accessed April 20, 2023
  62. Oregon Secretary of State, "Oregon Voter Registration Card," accessed November 2, 2024
  63. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."