The Oregon House has passed legislation requiring public schools and universities to notify their communities when federal immigration authorities operate on their campuses. The bill, known as House Bill 4079, received approval on March 5, 2024, with a vote of 35-22. All Republican representatives and Democratic Rep. Tawna Sanchez from Portland opposed the measure.
This legislation aims to provide timely alerts to families, students, and employees about immigration enforcement activities, addressing growing concerns about the impact of federal actions on student attendance and well-being. The bill is set to take effect in September 2024, pending Senate approval.
Background and Legislative Intent
Historically, federal policy has restricted immigration enforcement in “sensitive areas,” including schools, churches, and hospitals. However, this policy was rescinded during the Trump administration, leading to increased concerns about immigration agents operating near educational institutions. In response, the American Federation of Teachers and the National Education Association recently filed an emergency motion in federal court to prevent Immigration and Customs Enforcement (ICE) from conducting operations in such locations.
Rep. Sarah Finger McDonald, a Democrat from Corvallis, highlighted the negative impact of immigration enforcement on students. She recounted an incident in December where an international student was detained at Oregon State University, causing fear among students. McDonald noted that some families at a nearby elementary school decided to keep their children home due to rumors of immigration activity.
“We cannot improve our attendance rates, literacy rates, or graduation rates if students are afraid to come to school,” McDonald stated. She emphasized the need for schools to assure students that they will be informed of any immigration presence on campus.
Key Provisions and Concerns
Oregon law currently mandates that school districts communicate with parents and guardians during safety threats, such as lockdowns. The new bill extends this requirement to include immigration enforcement notifications, mandating that school boards and university governing bodies notify their communities “as expediently as possible.”
The alerts must detail where the immigration activity occurred and whether it disrupted classroom operations. However, notifications are not required if a court order prohibits disclosure or if agents enter a university to accompany a patient seeking medical care.
Opposition to the bill arose from some lawmakers who expressed concerns about its potential impact on safety and community relations. Rep. Darin Harbick, a Republican from Rainbow, argued that the legislation prioritizes political interests over the security of students and staff. He indicated that ICE agents are not focused on schools and that the bill could unnecessarily entangle educational institutions in federal politics.
Sanchez, who voted against the bill, raised concerns that notifications could lead to heightened anxiety among families. “Many people who receive notifications from their schools will not know how to respond,” she remarked, suggesting that some individuals might react in ways that could exacerbate their trauma.
Lawmakers amended the bill to remove certain provisions that would have required school staff to verify the credentials of federal immigration agents. Megan Mahoney, a former president of the Oregon School Public Relations Association, emphasized the importance of protecting staff from heightened scrutiny and public pressure during such incidents.
The legislation’s disclosure requirements do not extend to personal student information or cases where sharing information could jeopardize health or safety. Schools and universities are also mandated to include their disclosure policies in student handbooks and on their websites, ensuring accessibility to diverse community needs.
In addition to House Bill 4079, lawmakers are considering Senate Bill 1538, which aims to prohibit school boards from denying admission to students based on their immigration status. This bill aligns Oregon with a 1982 U.S. Supreme Court ruling affirming that students can enroll in public schools regardless of their immigration status.
As the bills progress through the legislative process, they reflect ongoing debates surrounding immigration enforcement and its implications for educational environments in Oregon.
