Oregon State Immigration Laws

By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Meagan Neil, Esq. | Last reviewed September 11, 2023

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This article provides a comprehensive overview of the immigration laws in Oregon state. 

The intricacies of immigration laws can be daunting and challenging. This is particularly true for immigrants and migrants in Oregon state who go through the immigration process. Migrants should remember that they can access many legal resources. This article will discuss the following topics:

The article aims to give Oregonians a better understanding of their rights under immigration law. Remember that the rights and responsibilities of people may vary in each state.

Law Enforcement and Immigration in Oregon

Oregon is among the "sanctuary states" in the United States. The state established itself as such in 1987 and is among the first sanctuary states 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. The legislation 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 increases the protective measures and safety of 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

The E-Verify system can check a person's eligibility for employment in the United States. E-Verify is an online system run by the Department of Homeland Security. Employers use it to check the employment eligibility of people hired in the United States. The system compares the information the employee gives in their I-9 form to the data in the U.S. immigration system. Here, employers will see the employment eligibility status of the person.

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

It is best to contact your local law enforcement authorities if in doubt. This includes Oregon's Bureau of Labor and Industries. Reach out to a labor law attorney near you.

Driver's License/ID Requirements

The Oregon legislature passed the "Equal Access to Roads Act" in 2019, allowing immigrants without proper documents to get driver's licenses. The Act removes the rule of showing proof of U.S. citizenship or legal status in the country to get a driver's license.

With this Act, a person applying for a 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 their immigration status. The following are some of the public benefits available to everyone who has a low income. Immigrants without documentation can also use these benefits.

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

Education Checks

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

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 as follows:

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

Voting ID Rules

Oregon's voting system follows all-mail voting. It uses 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:

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

The Fair Housing Act of the United States ensures that fair housing is accessible to everyone. 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.

Related Resources

There are several immigration legal services and legal aid in Oregon. These organizations offer widespread advocacy for immigrants and help them with various issues. Some of these organizations are as follows:

Seek Legal Help From an Immigration Attorney

The complexities of government rules and regulations can be challenging to understand. But it is crucial to know your civil rights. To help you better understand your rights, reach out to an immigration attorney.

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 that immigration attorneys offer:

  • Processing U.S. visas
  • Getting U.S. citizenship or naturalization
  • Getting lawful permanent residency or green card applications
  • Applying for Temporary Protected Status (TPS)
  • Petitioning family members to the U.S.
  • Legal representation in immigration court
  • Other matters related to immigration law
  • Help with navigating the U.S. Citizenship and Immigration Service (USCIS)
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Can I Solve This on My Own or Do I Need an Attorney?

  • Some people can get a green card or complete immigration forms without hiring legal help
  • Complex immigration cases (such as having a criminal history or past immigration violations) may need the support of an attorney

The immigration process can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.

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