City of Bend drafts policy to bar federal immigration enforcement at any city-owned facilities

BEND, Ore. (KTVZ) -- The city of Bend is preparing to enact a policy barring the use of city facilities for federal immigration enforcement, as outlined in state law, saying the goal is to foster a welcoming atmosphere for immigrants and refugees.

"City facilities may not be used for the purpose of investigating, detecting, apprehending, arresting, detaining or holding individuals for immigration enforcement," the draft policy states (you can read it in full below).

The Bend City Council is expected to review City Manager Eric King's proposed policy at next Wednesday's council meeting.

The policy goes on to note some limitations on what it can do: "The public should be aware that prohibiting use of publicly accessible spaces is beyond the city’s legal authority, and the city cannot control or prohibit federal immigration activities within the city generally."

But it adds: "The City condemns the indiscriminate and increasingly violent, and likely unlawful, civil immigration enforcement tactics which are occurring across the country and in Oregon. These tactics are causing significant impacts on the health and well-being of the community, including fear and actual harm to families, neighbors, businesses, and the community at large."

The city says it's committed to uphold state and federal law while ensuring a safe, inclusive environment for all community members. But the policy would prohibit the investigation, apprehension, or detention of individuals for immigration purposes on city property, aligning with the city's resolution to be a Welcoming City.

The policy encompasses all city property and extends to all individuals on it, including employees, contractors and visitors. City workers are required to comply with the prohibition and are not to assist in any civil immigration enforcement activities.

City facilities are defined as all real property, land and public facilities owned or managed by the city, including parking lots and structures.

It defines “civil immigration enforcement activities” as investigating, detecting, apprehending, arresting, detaining or holding individuals for immigration enforcement without a judicial warrant, order, or subpoena as described in ORS 181A.823 (1)(c)(A), and includes staging, processing, or establishing or using an operations base for such activities."

City staff are not authorized to provide access to non-public spaces for purposes of
civil immigration enforcement, the draft policy says.

"City parking lots that are or may be accessible to the public or entities engaged in civil
immigration enforcement should have clear signage stating the following, or a substantially similar message: "This property is owned or controlled by the City of Bend. It may not be used for civil immigration enforcement, including as a Staging Area, Processing Location, or Operations Base."

In instances where federal agents attempt to access city property, city employees would be instructed to notify the appropriate city department's leadership, who would coordinate with legal counsel to ensure compliance with the policy.

Here's the draft document provided Friday to KTVZ News: