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Umatilla County joins other counties seeking court guidance after ICE records subpoena
Summary
Commissioners approved a letter asking the court for a declaratory judgment to clarify county obligations when federal and state law conflict in response to an ICE subpoena for records.
Umatilla County commissioners voted Sept. 17 to join other counties in asking the court to issue a declaratory judgment clarifying what the law requires when counties receive subpoenas from U.S. Immigration and Customs Enforcement (ICE).
A county staff presentation said Marion County had received a subpoena for records from ICE and had asked the court to clarify production obligations. "As a result of receiving a subpoena for records from ICE, Marion County has initiated a declaratory judgment asking action, asking the court to clarify what the law requires in producing the records. All the sheriffs minus 2 signed the letter requesting the judge in the case to issue an opinion to clarify legal position for counties," the staff member said.
The staff member asked commissioners to approve a similar letter from Umatilla County requesting guidance where federal and state laws may conflict; the board moved, seconded and approved the request by voice vote.
The meeting transcript does not record a detailed legal analysis or specify which records are at issue; the approved action is limited to signing and sending a letter asking the court for clarification.
