Gov. Kate Brown and Attorney General Ellen Rosenblum have filed suit against President Trump in an attempt to void two federal laws requiring states to aid immigration authorities.
The suit, filed Friday in federal court in Eugene, claims those laws violate the 10th Amendment, which separates state and federal powers, by demanding states enforce federal immigration regulations.
"State and local law enforcement agencies are not required to expend their limited resources on enforcing immigration policies that are a federal responsibility, "the suit says.
Because it is a sanctuary state, Oregon police officers, sheriff's deputies and state troopers are banned by law from helping U.S. Immigration and Customs Enforcement agents if a suspect's only offense is residing in the country illegally.
In practice, that means local police don't help ICE agents with deportation raids. And suspects pegged by ICE for deportation may be released from jail without prior warning or ICE requests to keep defendants in custody may not be honored.
Sanctuary jurisdictions have long been a focus of Trump's ire. And several members of his Cabinet and administration have said those municipalities should be ineligible for federal grants or their elected leaders should face arrest.
In their suit, Brown and Rosenblum claim Trump's Justice Department has "targeted" Oregon for denial of federal grants that assist state and local law enforcement agencies because it is a sanctuary state.
Oregon has received millions of dollars of the grants every year the program has existed, except in 2017 and 2018 -- when the Trump Administration added new conditions for the funding, namely states' cooperation with federal immigration agents.
Oregon's suit claims those conditions are illegal because they were put in place without approval from Congress. The state claims it has lost $4 million in grants it is entitled to because of them.
"The Trump Administration's attempts to withhold public safety dollars from our state is unjust, dangerous and unconstitutional," Brown said in a statement.
In its suit the state is asking a federal judge to declare the laws in question unconstitutional and order the Justice Department to give Oregon the grant money it says it is owed.
Portland Mayor Ted Wheeler is expected to seek permission from the City Council to join the lawsuit, spokeswoman Eileen Park said Friday. Wheeler leads a sanctuary city and has drawn personal rebukes from Trump because of his politics on immigration.
Brown and Rosenblum's suit comes just three days after Oregon voters overwhelmingly rejected Measure 105, which would have repealed the state sanctuary law. In that same election Brown decisively beat Republican Knute Buehler, who supported repeal of the sanctuary status.