5A
THE DAILY ASTORIAN • THURSDAY, MARCH 8, 2018
ICE arrest: Agents
told police beforehand
about the arrest, which
is a common practice
Continued from Page 1A
Jonathan House/Portland Tribune
Attorney General Jeff Sessions, pictured here at an event in Portland in September, announced Wednesday that the
Justice Department is seeking to block provisions in three sanctuary laws passed in California.
Lawsuit: Three Republican lawmakers are
seeking to repeal Oregon’s sanctuary law
Continued from Page 1A
of federal immigration deten-
tion centers and immigration
and apprehension processes.
Those laws are more
aggressive than any of the
sanctuary laws in Oregon,
said Warren Bidford, law pro-
fessor at Willamette Univer-
sity College of Law.
“Because of the size of
Oregon and the fact we have
been respectful and nearly not
as aggressive as California,
I think it is unlikely that the
DOJ will target Oregon in a
similar lawsuit, but certainly,
nothing surprises me with
this administration and how it
uses its limited governmental
resources,” Bidford said.
The Justice Department
is likely using the lawsuit
against California as a warn-
ing to Oregon and other juris-
dictions that have enacted
laws and executive orders to
protect undocumented immi-
grants, Bidford said.
“Oregon is not the model
of state the DOJ would want
to use as an example to other
state and municipalities think-
ing about taking a stance on
immigration issues,” Bidford
said. “They are going to go
against the big fish. And that is
California because of its size
and how strong the economy
is and the values that so pub-
licly contrast with the values
of the Trump administration.”
But in January, the U.S.
Department of Justice threat-
ened to subpoena local offi-
cials and to confiscate federal
criminal justice funding from
Oregon and 22 other jurisdic-
tions if they continue to refuse
to assist authorities in enforc-
ing federal immigration law.
A U.S. District Court
judge in California declined
to block the administration
from withholding a $1 million
law enforcement grant to the
state. The Department of Jus-
tice delayed the grant as part
of its crackdown on jurisdic-
tions where sanctuary laws
conflict with requirements of
the grants, the Washington
Examiner reported Tuesday.
Three Republican law-
makers are seeking to repeal
Oregon’s 30-year-old sanctu-
ary law with Initiative Peti-
tion 22, which they hope to
place on the November ballot.
State law prohibits state
government agencies from
using money, equipment or
personnel to detect or appre-
hend individuals whose only
crime is violation of federal
immigration law.
Initiative Petition 22 chief
sponsors — Reps. Greg Bar-
reto of Cove, Sal Esquivel
of Medford and Mike Near-
man of Independence — and
Oregonians for Immigration
Reform have been collecting
signatures for the measure for
nearly a year.
Richard LaMountain, for-
mer vice president of the
immigration reform group
and petitioner for IP 22, said
the Department of Justice
would be right to sue Ore-
gon for its sanctuary laws,
because the statutes violate
federal law.
“Sanctuary policies that
shield criminal aliens conflict
with federal law,” LaMoun-
tain said. “State law cannot
supercede federal law. I think
DOJ is on very firm ground.”
Gov. Kate Brown on
Wednesday reaffirmed her
commitment to the state’s
sanctuary laws.
“Oregon is a welcom-
ing place for all who call our
state home. These values were
affirmed some 30 years ago in
state statute, which are in full
compliance with federal law,”
Brown said in a statement.
“Oregon will not be bul-
lied by a Trump administra-
tion that is focused on divid-
ing our country. As governor,
I will continue to do every-
thing in my power to ensure
that the rights and values of
all Oregonians are protected.”
The Capital Bureau is a
collaboration between EO
Media Group and Pamplin
Media Group.
Both the hearing and an
early resolution conference
scheduled for May have
been canceled.
District Attorney Josh
Marquis said this is the sec-
ond ICE arrest he’s heard of
at the courthouse in the past
six months.
“They don’t coordi-
nate with us, and we don’t
coordinate with them,” he
said. “Obviously, if they’re
whisked off and deported,
they don’t usually coordi-
nate with us.”
Maria Fabian, Fabian’s
cousin, said Fabian is from
Guatemala. Kaino met with
her and two other family
members after the hearing.
“We were trying to talk to
him to see if he knew, but I
don’t know,” Fabian said of
the immigration detention.
Fabian’s arrest in Febru-
ary came after the alleged
victim’s mother reported
her as a runaway to Sea-
side police. Police found her
at Fabian’s home, and she
reported that she was unwill-
ing to go to school that day
after attending a party the
night before.
Police learned of the
alleged sex crimes while
interviewing her. Fabian
has been charged with
two counts of second-de-
gree rape, three counts of
third-degree rape, fourth-de-
gree assault and harassment.
Second-degree rape car-
ries a mandatory minimum
sentence of more than six
years in prison.
“We have to resolve the
case,” said Marquis, who
differentiated serious cases
from lower-level ones. “If it
doesn’t get resolved, it may
go on for years, at which
point it’s harmful to the
victim.”
ICE officials could not
immediately be reached for
comment. Astoria Police
Chief Geoff Spalding said
the federal agency told
police beforehand about
the arrest, which is a
‘We have to
resolve the
case. If it
doesn’t get
resolved, it
may go on
for years, at
which point
it’s harmful
to the
victim.’
Josh Marquis
district attorney
common practice.
The federal agency crit-
icized Clatsop County last
year for not cooperating with
its requests to detain undoc-
umented immigrants, saying
such arrests would be safer
at a jail than a courthouse.
Sheriff Tom Bergin said at
the time that his office — and
all other sheriff’s offices in
the state — were susceptible
to lawsuits. The U.S. District
Court in Portland previously
ruled in favor of a woman
detained by ICE at a Clack-
amas County jail, claiming
the Fourth Amendment pro-
tected her against unreason-
able search and seizure.
U.S. Rep. Suzanne
Bonamici, D-Oregon, and
other lawmakers have pro-
posed legislation to deter
immigration arrests at sensi-
tive locations such as court-
houses, schools and health
clinics. Some criminal jus-
tice experts believe such
arrests push immigrants
further into the margins,
discouraging them from
appearing for court, either as
witnesses or defendants.
The Trump administra-
tion, however, has made
immigration enforcement a
priority and has urged states
to cooperate with federal
agents.
School: Donation will allow district to spend more on equipment for students
Continued from Page 1A
science teacher at Warrenton
High School, said of the dona-
tion. “It was about $75,000 for
the building.”
Rod Heyen, principal of
Warrenton High School, said
the donation will allow the dis-
trict to spend more of the grant
on welding and other equip-
ment for students to train on.
The building will go into
a parking lot at the northern
end of the high school at the
site of a shed used for storing
technology equipment. The
school district will allow the
Warrenton Fire Department to
burn the shed down for fire-
fighting practice. A contractor
will complete the demolition.
The district hopes to complete
demolition by spring break,
begin construction on the new
building in the summer and
open the center next year.
Warrenton High School,
along the western banks of the
Skipanon River, is just outside
the tsunami inundation zone
on maps established by state
law. The law restricts construc-
tion of essential facilities like
hospitals and schools inside
the inundation zone, which is
expected to eventually encom-
pass the high school campus.
The school district is gaug-
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DISN
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ROOT
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SPIKE
COM
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DISC
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6 PM
“Between the time of pass-
ing the bonds and getting the
permits, that tsunami line
could go back” to encompass
the high school, Superinten-
dent Mark Jeffery said.
While it might seem strange
that the school district is rush-
ing to build in an eventual tsu-
nami inundation zone, it could
be a while before the high
school is moved, especially if
bond funding is not available,
SCHEDULE
THE DAILY
ASTORIAN
A
ing public opinion before the
Warrenton-Hammond School
Board decides whether to
embark on a series of bond
measures over the next 14
years to move schools out of
the inundation zone. A plan
proposed by a facilities com-
mittee would start with an ini-
tial $32.4 million bond in the
November election to buy a
70- to 80-acre master campus
and build a middle school.
Jeffery said.
Even if a K-12 campus out
of the tsunami inundation zone
is built, the district plans to
hold onto the high school prop-
erty as a regional career-tech-
nical education center and bus
barn.
“What anchors that is the
fish hatchery,” Jeffery said of
the student-run fish hatchery
along the banks of the Ski-
panon. “It can’t move.”
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