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State authorities say a recent incident in Woodburn involving impersonation of immigration agents “may have broad impacts on immigrant communities throughout Oregon” but offered advice to combat those concerns that may not be reliable.
After announcing an investigation into masked armed men allegedly impersonating immigration agents off a highway by one of Oregon’s most immigrant-heavy cities, Oregon State Police offered tips to ensure residents could confirm the identity of law enforcement pulling them over.
Federal authorities, state police said in a Friday news release, have committed to identifying themselves as law enforcement when conducting official operations. If someone is unsure if a traffic stop conducted by an unmarked vehicle is legitimate, state authorities said they can turn on their emergency flashers, lock their door and look for official identification like a uniform.
“Ask the officer to display their department identification and badge. Ask where they work and if you can contact their dispatch center to confirm their identity,” the news release reads. “In Oregon, local, state and federal law enforcement officers may not wear face coverings except in specific circumstances and must clearly display identification showing the agency they represent.”
But the new state law that mandates officers not rely upon face coverings and identify themselves took effect this year without any promise of compliance from federal agents.
The law’s lead author, Rep. Farrah Chaichi, D-Beaverton, has publicly stated that it’s an open question whether the legislation’s provisions can be enforced against federal law enforcement in light of the U.S. Constitution’s supremacy clause. A panel of the 9th Circuit Court of Appeals in April halted a similar California law requiring state, local and federal law enforcement agents to display identification.
Oregon’s law allows Oregonians to file civil suits against agencies which fail to adopt policies that generally prohibit the use of facial coverings. A spokesperson for the U.S. Department of Homeland Security in April told the Capital Chronicle that “we will not abide by unconstitutional bans. The Supremacy Clause makes it clear that state politicians do not control federal law enforcement.”
Chris Zohner, a spokesperson for the Oregon State Police, said the agency was “simply stating what the Oregon law says.” Legal experts said it appears the state is taking the position that the law is in effect until the Trump administration attempts to block it, which it has yet to do despite filing lawsuits against multiple other states.
Tung Yin, a professor of law at Portland’s Lewis & Clark Law School wrote in an email, “I guess the OSP reference to the Oregon law may be an instance of ‘it hasn’t been struck down yet so let’s mention it.’”
The July 17 impersonation incident involved two men who allegedly pulled a driver from their car on Highway 211 east of Woodburn, a city where more than 34% of residents were born outside the U.S., 60% of residents are Latino and federal immigration agents have conducted warrantless arrests while using digital facial recognition technology.
The masked men identified themselves as ICE and forced the victim into their vehicle where another person assaulted them, according to state authorities. Their vehicle did not have license plates visible.
After approximately 15 to 20 minutes, the men released the victim and allowed them to leave, according to police. State authorities described them as wearing boots, baseball caps, green long-sleeved shirts and face coverings with vests displaying “police” in all capitalized white letters.
Oregon Gov. Tina Kotek slammed the incident as a consequence of the Trump administration’s immigration enforcement policies, calling for a thorough investigation into the matter.
“This is exactly the type of incident that follows President Trump’s continued attacks on immigrant and refugee communities and is a direct result of lack of the accountability and oversight of overly aggressive federal agents in our communities,” she said in a statement.
Jason Chudy, a spokesperson for ICE, confirmed that the Department of Homeland Security is involved in investigating the incident. The FBI and Oregon State Police are also part of the investigation.
He said ICE agents conducting operations clearly identify themselves as law enforcement with their respective agencies, though there have been multiple documented instances in Oregon where the agency’s officers appear to not have followed that policy.
“Anyone caught impersonating a federal officer, including (Enforcement and Removal Operation) deportation officers or (Homeland Security Investigations) special agents, will be prosecuted to the fullest extent of the law,” Chudy wrote in a statement. “Impersonating a federal immigration officer endangers public safety and erodes trust in law enforcement.”
Yin, the Lewis & Clark law professor, called the Woodburn incident disturbing and compared it to the case of the Los Angeles Hillside Stranglers in the late 1970s. In that case, two men flashed fake police badges and ordered victims into their unmarked vehicles.
Authorities are urging anyone with information about the incident to contact Oregon State Police dispatch at 800-442-0776 or *OSP (*677) from a mobile phone.
