Marion County officials are asking a federal court to reconsider their previously dismissed lawsuit over what they described as conflicts between state and federal law on immigration enforcement. The county’s original lawsuit claimed that gray areas between Oregon’s sanctuary law, state public records laws, and federal laws put local governments at legal risk.

Background

In August 2025, a U.S. Immigration and Customs Enforcement (ICE) special agent sent five subpoenas to the Marion County Sheriff’s Office, requesting information about men on parole for crimes that included rape, kidnapping, and sexual abuse. Instead of responding directly to the federal requests, county officials filed a lawsuit in federal court, naming Gov. Tina Kotek and top officials with ICE and the U.S. Department of Homeland Security.

The county sought a judge’s order to hand the information over to ICE, claiming that Oregon’s sanctuary law, state public records law, and federal law conflict in a way that puts local governments at risk of liability. U.S. District Court Judge Michael McShane dismissed the lawsuit in February, ruling there was ‘no uncertainty’ about the law, and the county lacked legal standing to bring the suit to court.

Appeal

The county is now appealing that dismissal in the U.S. Court of Appeals for the Ninth Circuit. In a brief filed June 5, Marion County counsel Steve Elzinga argued that McShane’s dismissal incorrectly applied Oregon law on immigration enforcement and failed to consider ‘injuries’ to Marion County, including costs and use of county resources.

The filing does not specify the costs or extent of resource impact. County officials did not respond to questions from Salem Reporter asking for specific figures or whether federal authorities issued threats to pull county funding.

Original reporting: Salem Reporter — read the source article.