QuickTake:
The bills would make it illegal for law enforcement to use face coverings in most cases, allow individuals to sue law enforcement who enter their property without a warrant among other protections.
This story was updated with the House re-passing the Senate-amended version of the face-covering bill.
The Oregon Senate has passed legislation to outlaw law enforcement using face coverings, empower individuals to sue law enforcement who enter their property without a warrant and ensure immigrants in civil proceedings cannot have their citizenship status used as evidence against them.
The bills allowing suits against law enforcement and protections during court proceedings headed immediately to Gov. Tina Kotek’s desk. House Bill 4138, which directs law enforcement agencies operating in the state to adopt public policies that generally prohibit masking, had to go back to the House for a re-vote after the Senate added amendments encouraging Oregon authorities to obtain statements from federal agents that they are in compliance with the legislation should they collaborate. The House passed the revised bill, later in the day, 34-8, and it too now goes to the governor.
“Participation in our democracy should feel secure, orderly and free from intimidation,” said Sen. WInsvey Campos, D-Aloha. “This bill reinforces Oregon’s longstanding commitment to constitutional protections. It draws a clear line between Oregon and unconstitutional overreach while preserving lawful cooperation.”
The Trump administration and Republicans contend that masks are necessary because officers have been subject to doxing and a rise in threats.
Democrats voted in favor of the bills, with Sen. Dick Anderson, R-Lincoln City, joining them in support of the civil proceedings bill. The legislation would also prohibit employers from firing their employees for lawfully updating their federal work authorization status, and Anderson has been publicly mulling a run for labor commissioner to lead Oregon’s Bureau of Labor and Industries. He has until March 10 to file with the state.
The bills’ passage is yet another reflection of Democrats’ priorities in this short legislative session, during which they have stressed the importance of testing the limits on the state’s ability and authority to respond to the Trump administration’s immigration crackdown.
The supremacy clause in the U.S. Constitution allows for federal law to usurp conflicting state laws, though Democrats have said they believe their legislation could stand in court on the grounds that their bills apply across the board to all forms of law enforcement, not just federal agents. However, similar measures are currently being litigated in federal court due to legal challenges from the U.S. Department of Justice.
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