Q: Can I make a citizens arrest in Portland Oregon, for aiding and abetting a group of illegal aliens? It’s a federal crime
I have been invited to visit a church in Oregon which is private and has kept ICE and police away, but they have been aiding and abetting illegal aliens.
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A:
In Oregon, private citizens have limited authority to make arrests. A citizen’s arrest is typically allowed only when a person witnesses someone committing a felony or when they have probable cause to believe the person has committed a felony. Federal immigration laws, including those related to aiding or harboring undocumented immigrants, are primarily enforced by federal agencies like ICE, not state or local entities.
Churches and private properties that provide sanctuary may not be violating state laws, even if their actions could raise questions under federal law. Attempting a citizen’s arrest in this situation could lead to serious legal complications for you, especially if the situation does not clearly meet the requirements for a lawful citizen’s arrest under Oregon law. Missteps could expose you to civil liability or criminal charges like false imprisonment.
If you believe federal laws are being broken, you can contact ICE or the appropriate federal authorities to report your concerns. Taking action into your own hands may not only jeopardize your safety but also put you at risk of violating the law. It’s always wise to proceed with caution and seek legal advice if you have any doubts.
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