Federal judge dismisses Marion County suit over immigration subpoenas

Bill Poehler

• A federal judge dismissed Marion County's lawsuit about releasing information about non-citizens on parole.
• The lawsuit argued that state and federal laws were in conflict.

A federal judge has dismissed Marion County’s lawsuit over whether it can release information to U.S. immigration officials about people in the country illegally and on parole.

Federal Judge Michael J. McShane wrote in an opinion on Feb. 23 that rules the county wasn’t under threat of penalty if it didn’t produce the records the federal government requested in an August 2025 subpoena.

Marion County filed the lawsuit against Gov. Tina Kotek, Director of Homeland Security Kirsti Noem and acting Director of U.S. Immigration and Customs Enforcement Todd Lyons.

The lawsuit asked if the county is “required, prohibited or allowed” to provide records requested by the federal government about five people who were not U.S. citizens but were on parole in the county after being convicted of crimes.

Oregon’s sanctuary laws prohibit governments from collecting information about people’s immigration status and cooperating with federal authorities to enforce immigration law.

Marion County argues state, federal laws in conflict

In a court filing, Marion County said it could provide the records that ICE had requested on a regular public records request, but that it was prevented from disclosing them to the federal government under Oregon’s sanctuary laws.

It also said that it had provided those records to media outlets in response to public records requests after the lawsuit was filed.

But in Marion County’s filing, it quoted a federal law that “refusal to comply with a subpoena of this nature may result in a court order to comply or order of contempt.”

Marion County said in the lawsuit that the sheriff’s office received five subpoenas about people who had been convicted of crimes and were on parole. The subpoenas, county leaders said, were for people who had been convicted of crimes such as rape and assault.

One of those subpoenas was rescinded because the person had been detained by federal officials.

McShane’s ruling said that Clackamas, Washington and Multnomah counties also received subpoenas from the federal government in August and refused to comply due to state law.

In the federal government’s reply, it denied that Marion County could lose funding if it does not follow the law.

Pushback on lawsuit from community after it was filed

After the lawsuit was filed, many residents came out in opposition to the county’s position in the lawsuit, arguing that the county was attempting to work with ICE.

They wanted Marion County to drop the lawsuit.

In a separate lawsuit filed in September 2025, the federal government sued Marion, Multnomah, Clackamas and Washington counties, asking them to comply with the subpoenas.

In November 2025, McShane ruled that the counties do have to comply with the subpoenas.

Bill Poehler covers Marion and Polk County for the Statesman Journal. Contact him at [email protected]