Oregon State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

Oregon has some of the most protective and immigrant‑friendly policies in the U.S. This article outlines those rules and policies. Learn more about:

• Law enforcement and immigration in Oregon
• Employment checks and E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks and in-state tuition
• Voting ID rules
• Housing ordinances and immigration
• How an immigration lawyer can help
• Related resources

Immigration rules continue to evolve, even in Oregon. Anyone facing an immigration issue should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Oregon

Oregon is among the “sanctuary states” in the United States. The state established itself as a sanctuary state in 1987 and is among the first in the country. Oregon was the first state to pass a law barring state authorities from helping federal authorities enforce immigration laws.

The “sanctuary state” started with ORS 181A.820, which was passed in 1987. This law barred state law enforcement resources from capturing and detecting immigrants without proper documentation.

Oregon legislators updated ORS 181A.820 a few decades later. To strengthen the law, the state passed House Bill 3265 in 2021, also known as the “Sanctuary Promise Act.” The bill strengthens protective measures and safety for immigrant communities. The effort includes increased support and transparency in dealings with federal immigration authorities.

The Sanctuary Promise Act also banned local law enforcement authorities from participating in immigration enforcement. Before they can proceed, they should get a judicial warrant. The Act also forces state and federal law enforcement agencies to document, report, and deny immigration law enforcement.

Employment Checks and E-Verify Requirements

E-Verify is a system run by the Department of Homeland Security that allows employers to verify that applicants are legally authorized to work in the U.S. The system compares the information the employee provides on their I-9 form with data in the U.S. immigration system. 

In Oregon, the E-Verify requirement varies by municipality. Most cities in Oregon do not require employers to use E-Verify. But some counties do force employers to use the program.

Employers should contact Oregon’s Bureau of Labor and Industries if in doubt.

Driver’s License and ID Requirements

The Oregon legislature passed the “Equal Access to Roads Act” in 2019, allowing immigrants without proper documents to get standard driver’s licenses. The Act removes the requirement to provide proof of U.S. citizenship or legal status in the country to get a driver’s license.

Immigrants without legal status are not eligible for a REAL ID or Enhanced ID.

With this Act, a person applying for a standard driver’s license only needs to show:

• Proof of identity
• Date of birth
• Social Security number (SSN) or a written statement stating that they don’t have an SSN
• Proof of residency in Oregon

Recipients of Deferred Action for Childhood Arrivals (DACA) are also eligible to apply for a driver’s license. All applicants must also pay a fee and pass the driver’s license test.

Public Benefits Restrictions

Oregon has various public benefits available to anyone, regardless of immigration status. The following are public benefits available to everyone with low income. Immigrants without documentation can also use these benefits:

• Food banks, school meals, Meals on Wheels
• Emergency Medicaid
• Pregnancy coverage
• Oregon Prescription Drug Program
• Temporary Assistance for Domestic Violence Survivors

For more information about the eligibility for government assistance, visit the Oregon Law Help website.

Education Checks and In-State Tuition

The Oregon Senate introduced Bill 1522 on February 1, 2022. It expanded in-state tuition benefits to people granted the following:

• Humanitarian parole
• Asylum
• Conditional permanent residency
• Temporary Protected Status (TPS)

To be eligible, a person must not have established previous residency in any other state or territory of the United States. The bill also says the student will pay in-state tuition for an undergraduate or graduate degree program in a public university if the student meets the following:

• A noncitizen, a lawful permanent resident in the U.S., a special immigrant visa holder, a refugee, or a COFA islander
• Shows intention to apply for lawful permanent residency or become a U.S. citizen by submitting a copy of the application to register with the federal immigration program. Or a copy of a statement stating the student’s intent to get legal status as soon as the law permits.

Students without proper documentation in Oregon may also apply for financial aid programs. They only need to meet specific requirements to get these benefits. Some of the financial aid programs that the state offers are:

• Oregon Opportunity Grant
• Oregon Promise Grant
• OSAC Scholarship
• TheDream.US

Visit the Oregon Student Aid website for more information about Oregon Financial Aid Opportunities.

Voting ID Rules

Oregon uses all-mail voting, using mail-in ballots. Every Oregonian resident who is a U.S. citizen and at least 18 may vote. To register to vote, an Oregon resident must present any of the following:

• Valid driver’s license
• Social Security number

If any of these identifications are unavailable, you can show one of the following acceptable identifications:

• Valid photo identification
• Utility bill
• Bank statement
• Paycheck stub
• Government-issued document
• Proof of eligibility under the Voting Accessibility for the Elderly and Handicapped Act (VAEH) or the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)

The document must show your full name and current address. Visit your county elections official for further help with voting registration.

Housing Ordinances and Immigration

There are no special housing ordinances for immigrants in Oregon. But the federal Fair Housing Act ensures that everyone has access to fair housing. This right is available regardless of the person’s race, national origin, sex, religion, disability, or family situation. The Act covers housing transactions such as rentals, sales, lending, mortgaging, and insurance.

Seek Legal Help From an Immigration Attorney in Oregon

Dealing with immigration on your own can be difficult and stressful, even with Oregon’s progressive policies. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues.

Immigration attorneys can offer legal advice depending on your case. They will help you better understand your immigrant rights and civil rights under state and federal law. They can also help you process applications with U.S. Citizenship and Immigration Services.

The following are the most common services immigration attorneys offer:

• Processing U.S. visas and work permits
• Getting U.S. citizenship or naturalization
• Applying for lawful permanent residency or a green card
• Applying for Temporary Protected Status (TPS)
• Petitioning family members to the U.S.
• Providing legal representation in immigration court
• Navigating communications the U.S. Citizenship and Immigration Service (USCIS)
• Other matters related to immigration law

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Oregon. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Oregon: Related Resources

Several legal aid organizations in Oregon offer broad advocacy and legal services for immigrants. Some of these organizations are:

• The Immigration Advocates Network — Find a directory of referrals to organizations that provide immigration services.
• Immigrant and Refugee Community Organization (IRCO) — This organization provides holistic services for immigrant communities and refugees in Oregon. It assists and empowers immigrants to become self-sufficient and build new lives.
• Center for Nonprofit Legal Services — This organization helps immigrants with matters related to federal immigration law. This includes but is not limited to adjustment of status, employment authorization, consular processing, family-based petitions, naturalization or citizenship, and more.
• Catholic Charities of Portland — Immigration Legal Services — This charity helps immigrants with various areas of immigration issues. It also helps victims of domestic violence get Violence Against Women Act (VAWA) petitions.