Yamhill County approves updated bed‑rental agreement with U.S. Marshals Service over objections about ICE language and liability

The Yamhill County Board of Commissioners on May 1 approved a new bed‑rental agreement with the U.S. Marshals Service that raises the county's per‑bed daily reimbursement to $140 and replaces an older 2005 contract. The motion passed 2‑1, with Chair Johnston and Commissioner Starett voting aye and Commissioner King voting nay.

The vote followed extended discussion about whether the agreement, as first circulated, included Immigration and Customs Enforcement (ICE) as an authorized user and whether that inclusion would conflict with Oregon's sanctuary law. Two public commenters urged the board to postpone approval until the county and community could review the final text and the legal risks; the sheriff told the board the copy before commissioners did not include ICE.

Why this matters: The change increases the county's ability to bill federal authorities for housing federal detainees at what the sheriff described as the jail's current daily cost. Commissioners and members of the public said they were concerned about legal exposure, the speed of the turnaround on the draft contract, and the lack of earlier public notice.

Sheriff comments and rate change Sheriff (Yamhill County Sheriff) told the board the county's longstanding arrangement with the U.S. Marshals Service functions as a bed‑rental relationship in which the federal government pays the county to house federal detainees. The sheriff said the last contract update in February 2005 set a daily rate that he later described as $58 per day in the prior contract and that the new agreement increases the rate to "$100 and $40 per day" in his remarks; he later expressed the new rate as $140 per day. The sheriff said the proposed change merely updates the reimbursement to reflect current county operating costs for staff, contracted medical services and food.

Commissioner and counsel concerns Commissioner King raised concerns about liability and potential conflicts between federal executive actions and Oregon law, saying he had "concerns around the liability that we will cover here with, under the administration part" and that the board had not had enough time or public notice to evaluate risk. County legal counsel (Christian) advised that if the board wanted to discuss legal risks more fully, that could be done in executive session, but left the choice to the board.

Public comment Miriam Vargas Corona, executive director of Unidos Bridging Community, urged the board to postpone the agreement: "I urge you to postpone a decision on this proposed agreement to allow the Yamhill County and the Sheriff's Office Council enough time to thoroughly review and understand the legality of entering into this agreement." Vargas Corona warned that including ICE would violate Oregon's Sanctuary Promise Act, could prompt lawsuits and impose financial costs on the county.

Isaura (Isaura) Pena, director of strategy at Innovation Law Lab, told the board that state law prohibits public facilities and personnel from being used for immigration enforcement and said, "Any contract with ICE is illegal, and Oregon law also provides that individuals who violate the law may be sued in court." Pena asked the commissioners to withhold approval until they had the final text.

Sheriff and county staff responded that an earlier draft had referenced ICE but that the version distributed to commissioners that morning removed ICE as an authorized user. The sheriff said: "The agreement that you have before you makes no reference to ICE. They are not an authorized other user of the [agreement]. This is strictly between the county jail, the U.S. Marshals Service and the Bureau of Prisons." County staff estimated that delaying action until August could cost the county roughly $70,000 in lost reimbursements between now and that review date.

Vote and immediate outcome Chair Johnston moved approval of the bed‑rental agreement. The motion passed with two ayes and one nay: Commissioner Starett voting aye, Chair Johnston voting aye and Commissioner King voting nay. Commissioners and the sheriff said the approval reflected removal of ICE references from the distributed draft; Commissioner King said he remained uncomfortable with some contract language and timing but was ultimately outvoted.

What the agreement does and what it does not The board and sheriff stressed that the agreement changes the county's billing rate and does not alter intake procedures or the county's processes for handling adults in custody. The sheriff said the jail does not collect or maintain detainees' immigration status and that existing policy and operational procedures would remain in place.

Next steps and context Commissioners and staff said the county will share the finalized agreement text with the public. Commissioners also discussed the broader context of potential conflicts between state sanctuary statutes and federal enforcement priorities, noting this is an ongoing concern for counties that receive federal funds.

Ending note The board approved the agreement to update reimbursement to the county for housing U.S. Marshals detainees, while one commissioner and public speakers urged more time to review the legal implications and to ensure the final contract text aligns with state law.