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Eugene, OR Immigration Policy: Sanctuary Policy Preemption (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
EC 2.495, added by Ordinance 20579
Enacted / effective
March 13, 2017 / April 15, 2017
Core rule
No city resources for status-only enforcement
Exception 1
Verify status after any criminal arrest
Exception 2
Execute a federal magistrate's arrest warrant
Companion section
EC 2.497 limits immigration-status data collection
Code currency
Current through Ordinance 20739 (June 8, 2026)

Summary

Eugene Code 2.495 bars city law enforcement money, equipment and personnel from being used to detect or apprehend anyone whose only violation is unlawful immigration status. Adopted by Ordinance 20579 in 2017, the rule carries specific carve-outs for criminal-offense arrests and federal criminal-immigration warrants, and a companion section limits what immigration data city staff can collect.

(1) The city shall not use city law enforcement 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, city law enforcement personnel may exchange information with the United States Bureau of Immigration and Customs Enforcement... in order to: (a) Verify the immigration status of a person if the person is arrested for any criminal offense... (3) ... city law enforcement personnel 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.

Full Breakdown

495, titled "Protections for Individuals," was added by Ordinance No. 20579, enacted March 13, 2017 and effective April 15, 2017, and remains in force unchanged as of the code's currency through Ordinance 20739, passed June 8, 2026. Subsection (1) is the operative mandate: city law enforcement money, equipment and personnel cannot be used to detect or apprehend people whose only violation is being a foreign citizen present in the United States in violation of federal immigration law. Subsection (5) extends the same bar to every non-law-enforcement city employee.

The city carved out three exceptions rather than adopting a blanket non-cooperation rule. Under subsection (2), officers may still exchange information with federal immigration authorities to verify a person's immigration status after any criminal arrest, or to pull investigative information tied to someone already named in federal immigration records. 005. 497 ("Information Not to Be Collected or Maintained"), bars city law enforcement from collecting or maintaining information about a person's political, religious or social views absent a criminal-conduct nexus, bars non-law-enforcement staff from collecting political or religious-view data at all, and bars any city employee from collecting individually identifiable immigration-status information unless state or federal law requires it, the person volunteers it, or it comes through a city employment, contract, or business-license application.

Violations & Fines

EC 2.495 and 2.497 bind city government, not residents: no fine, citation or criminal charge attaches to a person under these sections for lacking immigration status, and the ordinance creates no private right of action. A city employee who steps outside the stated exceptions, such as using city resources to detect someone's status without a criminal arrest, warrant, or one of the listed information-sharing grounds, is subject to internal city discipline as a personnel matter rather than a court penalty defined in the code. The sections do not restrain federal agents acting under their own authority within city limits, and they expressly preserve Eugene police's ability to execute a valid criminal warrant, including one issued for a federal immigration offense under Title II of the INA.

Frequently Asked Questions

Does Eugene police cooperate with ICE at all?
Yes, in limited circumstances. EC 2.495(2) lets officers verify a person's immigration status with federal authorities if that person is arrested for any criminal offense, and lets officers request investigative information on people already named in federal immigration records. Outside those situations, city resources cannot be used to detect or apprehend someone solely for an immigration-status violation.
Can Eugene city employees ask about someone's immigration status?
Generally no. EC 2.497 bars any city employee from collecting or maintaining individually identifiable immigration-status information unless state or federal law requires it, the person volunteers the information, or it is submitted as part of a city job, contract, or business-license application. The same section also restricts collecting data on political, religious or social views.
Is Eugene a total non-cooperation sanctuary city?
No. EC 2.495 restricts city resources for status-only enforcement, but subsection (3) still allows Eugene officers to arrest someone charged with a federal criminal immigration violation under Title II of the INA or listed federal statutes, provided a federal magistrate has issued a warrant of arrest under the ORS 131.005 definition.
When did Eugene adopt this protection and is it still current?
The city council enacted Ordinance No. 20579 on March 13, 2017, effective April 15, 2017, adding both EC 2.495 and EC 2.497 to the Eugene Code. Neither section has been amended since; the Eugene Code is current through Ordinance 20739, passed June 8, 2026, so the text quoted here is the version in force today.

Sources & Official References

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