Oregon has 30 days of notice before federal immigration detention plans can resume
Gov. Tina Kotek is asking lawmakers to ban new detention centers, but federal courts have previously struck down similar state laws in California and New Jersey.
By Sanjay Caldwell ·
Federal immigration officials agreed in October to give Oregon at least 30 days' notice before starting environmental permitting for a detention facility in Newport. That specific protection expires in August 2027, leaving a window of uncertainty for residents.
Gov. Tina Kotek announced on Friday that she wants state lawmakers to pass a bill banning the construction of new immigration detention centers in the next legislative session. Oregon currently lacks a large-scale overnight detention facility, with temporary processing happening in cities like Portland before detainees are moved to Tacoma, Washington.
Kotek made the request during a press conference discussing the federal administration's immigration crackdown. She told reporters, "We don’t have one now. I don’t think we should have them. We need to stop that."
The proposed legislation faces legal hurdles. A 2021 state law already bans private immigration detention centers, but courts in other states have rejected similar measures. In 2022, the 9th Circuit Court of Appeals ruled a California law unconstitutional under the supremacy clause. In 2025, the 3rd Circuit struck down a New Jersey law that prevented private prison companies from contracting with federal agencies.
State Rep. David Gomberg, D-Otis, said the current settlement leaves the door open for future centers. He is in early conversations with colleagues about a legislative tool to close that gap, noting that lawmakers have two months to begin work on the new session.
Tung Yin, a law professor at Lewis & Clark Law School, expressed skepticism about the bill's survival in federal court. He pointed out that the federal government has recently blocked state laws restricting masks for immigration agents. Yin wrote in an email that a ban on detention centers is likely to face even stronger challenges than a mask rule.
The U.S. Department of Homeland Security stated it has no new facilities to announce at this time. The agency noted that the constitution's supremacy clause means state politicians do not control federal law enforcement operations.
