During a speech Thursday, Portland Police Bureau Assistant Chief Brian Hughes highlighted the tricky balance local law enforcement officials are facing in the midst of a federal crackdown on immigrants.
Hughes’ speech came at a ceremonial event where Democratic Gov. Tina Kotek signed a package of bills aimed at protecting immigrants.
“Immigrant community members, many of whom live with ongoing fear about what federal law enforcement actions may mean for them or their families, deserve to know local law enforcement is not an instrument of that fear,” Hughes said.
Local law enforcement may not be an instrument of fear. But they are also largely hamstrung when it comes to enforcing new laws aimed at restricting what federal law enforcement agents can do. They won’t be arresting federal agents.
Federal officers stand atop the U.S. Immigrations and Customs building in South Portland, surveying a crowd of about 500 people gathered at the facility following the “No Kings” rally in Portland, Ore., Oct. 18, 2025.
Eli Imadali / OPB
Take, for example, a bill recently signed into law preventing law enforcement officers from wearing masks when arresting people. (There are exceptions for undercover agents or if the mask is needed for health reasons.) The intent, however, is clear: Democratic lawmakers want to prohibit U.S. Immigration and Customs Enforcement Agents from concealing their identities while making arrests.
But the measure doesn’t create a crime or even a penalty for federal agents if they continue to wear masks.
Videos have spread across the nation showing masked federal officers detaining people in the past several months. Critics have suggested that concealing their identity makes them less accountable for their actions.
The California Legislature approved a similar measure to ban federal immigration agents from wearing masks. The Trump administration challenged that law in a federal court. The Oregon measure was written to withstand a court order. The Oregon bill applies to all law enforcement operating in the state at the local, state and federal levels.
But the only enforcement mechanism is to essentially file a lawsuit and hope for “injunctive relief,” which is basically a court order telling the agent to stop.
The penalty, said Rep. Farrah Chaichi, who sponsored the anti-masking bill that became law, is the court saying, “knock it off and stop doing this action that is illegal.”
Chaichi said she’s hoping that in the future, there are stronger enforcement mechanisms, like making it a crime to make arrests while masked.
“This is uncharted territory where the federal government is coming into communities and terrorizing us,” the Democratic lawmaker from Beaverton said.
Even without stronger enforcement mechanisms, Chaichi said, there are benefits to the measure. It ensures the public knows that if they do see an agent masked, it’s most likely not a local law enforcement official. She believes that will ensure people will still feel confident in reporting crimes to local law enforcement.
The package of bills the governor touted Thursday includes: a measure requiring public schools to alert staff and parents and members of the community when ICE agents appear on school grounds; another bill to prevent hospitals from sharing immigration status of patients; and another allowing people to sue federal agents if they enter their homes without a judicial warrant.
Kotek said every measure has its own enforcement avenue if it’s being ignored.
“I would assume also if something is not being followed, we will hear about it and we will follow up,” Kotek said. “Every institution in this state, if you’re a hospital there is licensing and credentialing that goes with being an operating hospital in the state … School districts are run by elected officials. All those folks need to be accountable to follow the law.”
And if they don’t?
“We will cross that when we come to it,” Kotek said. “But I expect as governor that people follow the law and if they don’t, there are consequences.”
And those?
“That’s TBD.” (to-be-determined)
