HB 4079 – would direct school districts to adopt a response plan for when immigration officers enter the premises.

ICE does not target schools. DHS said that there have been no arrests made on campus, although officers would be allowed to do so if a felon were to flee into a school or if a child sex offender were working there as an employee. In these situations, an arrest would be handled delicately and in the interest of protecting the safety of students.

MINORITY REPORT WITH DIFFERENT AMENDMENT – EMAIL HOUSE LEGISLATOSRS

This bill directs school district boards and governing bodies of institutions of higher education to adopt policies that address how the school district or the institution of higher education will respond when a federal immigration authority enters school property or a campus. Prescribes the requirements of the policies. Declares an emergency, effective on passage.

Requirements of policy:

• At least one administrator and one designee must be designated to respond when federal immigration authorities enter school property
• Verifying credentials and purpose, including checking for judicial warrants or court orders
• Student/Parent Notice: Reasonable efforts to notify students or parents/guardians when student information is provided to immigration authorities
• Community Notice: Must notify students, parents/guardians, and the school community when immigration authorities are present, including:
• Written guidance clarifying court vs. administrative orders, public vs. private areas, and lawful access
• Annual training for employees on expectations and guidance
• Policy must be available in student handbooks and on district websites in culturally appropriate languages
• Compliance with ORS 180.805 and 181A.826

EFFECT OF -5 AMENDMENT ADOPTED:

Replaces the measure. Modifies definition of school property. Modifies requirements for higher education institutions to include only real property owned or controlled by the institution. Requires school district boards and higher education institution governing boards to adopt policies for confirming and providing notice when federal immigration authorities enter school property for enforcement purposes. Specifies content of policies. Modifies definition of campus to allow governing board to decide and establishes related reporting requirement. Exempts instances when federal immigration authorities enter a higher education campus to accompany a patient seeking medical care. Modifies training requirement to every other year. Adds immunity from liability for both K-12 and higher education employees and their employers. Modifies effective date to September 30, 2026.

EFFECT OF MINORITY AMENDMENT:
The amendment requires all employees of school districts or higher education institutions, as well as state and local law enforcement agencies, to cooperate with federal immigration authorities carrying out actions concerning a person who is charged with or convicted of a felony or Class A misdemeanor and who has entered school property or a higher education campus. It requires that written guidance on the requirement be inserted into institutional or district policies.