QuickTake:

Lane County commissioners are making plans to pay for fees if employees are charged with federal crimes tied to not cooperating with federal immigration authorities or providing gender-affirming care. 

Lane County leaders say it’s highly unlikely — but they still want to be ready — in the event a county employee is charged with a federal crime for actions connected with their job.

County commissioners unanimously Tuesday approved a change in policy that will allow the county to pay for the legal defense costs when employees are charged with a federal crime — if they are following state and county policy.

However, the new policy is limited to actions of county employees related to federal immigration enforcement and providing gender-affirming care. 

A memo by county counsel Rob Bovett to county commissioners noted that Lane County managers have expressed concern that county staff complying with state law — and county policies based on state law — could face federal criminal charges. The memo cited as examples: President Trump’s executive orders on gender-affirming care and whistleblowers, and targeting sanctuary jurisdictions, among them.

“Recent federal actions have created the potential, however unlikely, that the mandates of state law relating to immigration enforcement or gender affirming treatment, as applicable to public employees, including Lane County employees, may conflict with enforcement of federal law, and result in charging a county employee with a federal crime for complying with the mandates of state law and county policies implementing those laws,” Bovett wrote in the memo.

County commissioners passed the item as part of their consent agenda without any discussion. The memo lays out details of why officials believe the change in policy is necessary. 

Lane County and Eugene were on a Trump list of localities breaking immigration law. Then the list disappeared

First, there’s Oregon’s Sanctuary Promise Act, which made Oregon the first sanctuary state in the country. 

Under state law, Oregon local and state enforcement cannot assist federal officials with immigration enforcement, such as raids and deportations. Law enforcement officials and others are still required to abide by court orders and warrants that federal agencies obtain and present to local officials. 

The new county policy covering defense costs does have limits. For example, it does not cover the costs of restitution or fines if an employee is convicted. 

The policy does not estimate what the legal costs might be to defend an employee and repeatedly stresses the unlikelihood of such an event.

“There are potential financial implications, but those are indeterminate, as the financial implications would only occur in the unlikely event of a federal criminal charge being filed against a county employee for following the requirements of Oregon laws relating to immigration enforcement or gender affirming treatment,” the memo states. 

Lane County Commission Chairman David Loveall said in an interview he agrees it’s not likely for county employees to face criminal charges. The policy — combined with training for county employees — is a good step, he said. 

“That helps protect them in a lot of ways,” Loveall said of the training

Instructions for county employees

Lane County employees also are getting training on how to respond to federal immigration officials. County procedure spells out how employees should react in those situations. 

Those steps include notifying a supervisor and asking the officials if they have a court subpoena, warrant or order. If the immigration officials do not present one, the employees should consult with the county attorney or their supervisor, the policy states. 

Without a court order, the policy states, county employees should give federal immigration authorities no greater access to facilities than they would the general public. 

Also on the list: Don’t help someone sought by federal immigration authorities escape, such as letting them out a back door or private exit. 

The memo also notes a media account of a Wisconsin judge accused of trying to help an immigrant avoid arrest.

Ben Botkin covers politics and policy in Lane County. He has worked as a journalist since 2003, most recently at the Oregon Capital Chronicle, where he covered justice, health and human services and documented regional efforts to combat fentanyl addiction. Botkin has worked in statehouses in Idaho, Nevada, Oklahoma and, of course, Oregon. When he's not working, you'll find him road tripping across the West, hiking or surfing along the Oregon Coast.