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Memorandum Opinion No. 2026-01 January 14, 2026 APPENDIX A FAQs Regarding City Response to ICE Enforcement Q: Can the Woodburn City Council pass a “binding” Ordinance to restrict the operational activities of ICE/CBP in Woodburn? A: No. Federal ICE officers, primarily through Enforcement and Removal Operations, have nationwide jurisdiction to investigate, apprehend, and detain non-citizens suspected of civil immigration violations. Under the principles of the Constitution’s Supremacy Clause, cities cannot directly regulate, block, or interfere with these activities. While Woodburn follows Oregon’s Sanctuary Promise laws — which limit how local agencies participate in federal civil immigration enforcement — these state and local laws do not control the actions of federal officers who may be present in Woodburn. Likewise, the local adoption of sanctuary policies does not shield or protect undocumented immigrants from detention and deportation by federal officials. Significantly, Oregon lawmakers are considering legislation that could prohibit all law enforcement officers in the state from wearing face coverings while on duty. However, the legality of these laws as applied to federal officials is still under review. In November 2025, the federal government filed a lawsuit against California over similar laws, arguing they interfere with federal authority and officer safety. The Woodburn City Attorney’s Office continues to monitor these developments. Q: Can Woodburn Police stop and cite ICE/CBP officers that have committed traffic violations? A: Likely no. While a Woodburn Police officer may initiate a traffic stop of a suspected vehicle, if it becomes clear during the stop that the driver is a federal agent acting in their official capacity and performing official functions, it is unlikely that the City Attorney’s office would be able to successfully prosecute a violation case against that driver. Federal officers are often protected by immunity when acting in their official capacity. This commonly applies to violation cases such as speeding, driving without plates or vehicle registration, having tinted windows, and similar offenses. Q: Can Woodburn Police investigate an ICE/CBP officer suspected of engaging in criminal activity? A: Yes, but only under limited conditions. Federal officers generally have immunity from state criminal prosecution when performing official duties. Because of this, most concerns involving federal officials are referred to federal authorities, such as the FBI. However, the Marion County DA’s Office has issued a guiding memorandum on “Best Practices” for Investigations Involving Federal Employees that specifies ---PAGE BREAK--- Memorandum Opinion No. 2026-01 January 14, 2026 that after considering several identified factors, local law enforcement may continue an investigation involving a federal employee in accordance with their established procedures. Q: Can Woodburn Police Officers stop or prevent ICE/CBP officers from taking a person into federal custody? A: No; interfering with federal law enforcement is a serious federal crime, often a felony, under statutes like 18 U.S.C. § 111, which prohibits forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with federal officers performing their duties.