Saturday, 23 Aug 2025

America's original sanctuary state rebukes Bondi's warning, denies 'obstruction' of ICE

Tina Kotek cites Anticommandeering Rule and voter support in response to attorney general's enforcement concerns.


America's original sanctuary state rebukes Bondi's warning, denies 'obstruction' of ICE

In her response to Bondi, Kotek said in the nearly 40 years since, Oregon officials and law enforcement have not violated federal immigration law while abiding by the state policy.

"A 2018 ballot measure to repeal portions of Oregon's federal immigration enforcement law failed when 63% of Oregon voters opposed repealing the existing law," she said, adding that the 1987 law was revisited and "strengthened" by Salem lawmakers in 2021.

Kotek cited Oregon Attorney General Ellen Rosenblum's statement after the 2021 actions:

"Oregon stands for the safety, dignity, and human rights of all Oregonians," the state prosecutor said at the time, as Kotek also echoed the contention the state is acting within the law due to legal precedent from contemporary Tenth Amendment called the Anticommandeering Rule.

That rule, borne out of cases like New York v. U.S. in 1992 - which focused on requests for states to dispose of nuclear waste -- prescribes that the federal government cannot force them to administer federal programs.

Kotek said in her letter to Bondi that she is aware of warnings that the Trump administration may pursue civil actions against public officials on grounds they are obstructing federal immigration efforts or facilitating lawbreaking.

"The state does not take on the additional expense or burden to perform federal immigration enforcement as it is the job of the federal government," Kotek went on, citing the Anticommandeering Rule.

"The state of Oregon is in compliance with federal law and will continue to follow state law. Therefore, no 'immediate initiatives' are necessary to eliminate laws that impede immigration enforcement," she concluded, noting that her letter was delivered to the Justice Department via Federal Express.

The back and forth comes as an Oregon federal judge is poised to decide on a notable immigration case in the state, and rule on whether a twice-deported Guatemalan asylum-seeking farmworker can be released from federal custody despite prior deportations.

Identified only as L.J.P.L., the foreign national had been deported during the Obama administration, and litigants argued whether he could be released so long as he makes regular check-ins at a Eugene immigration office.

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