Oregon Laws 2026, ch. 57, § 2 [Evidence of immigration status in civil proceedings]

(1) Except as otherwise allowed in this section, evidence of a party’s or a witness’s immigration status is not admissible in a civil proceeding unless the party’s or witness’s immigration status is an essential fact to prove an element of a party’s cause of action or essential to establish a party’s claim for relief.

(2) If a party is awarded damages for future wage loss at trial and is subject to a final order of removal in immigration proceedings, the final order of removal may be submitted to the court through a post-trial motion to be used solely for the purpose of calculating damages.

(3) If a party was awarded reinstatement to a position at trial, the party’s federal work authorization information may be submitted to the court through a post-trial motion.

(4)(a) If a party intends to offer evidence under subsections (1) to (3) of this section, the party shall:

(A) Make a written motion specifically describing the evidence and stating the purpose for which it is to be offered; and

(B) State in the caption of the motion that the motion and attachments are confidential and file the motion confidentially.

(b) If a party intends to offer evidence under subsection (1) of this section, the party shall make the written motion at least 15 days before the proceeding at which the evidence to be offered is scheduled to begin unless the court, for good cause, sets a different time.

(5)(a) If a party makes a motion under subsection (4) of this section, before admitting the evidence, the court shall conduct an in camera hearing, out of the presence of the public and the jury, and give the parties a right to attend and be heard. If the court determines that the moving party has shown that a party’s or witness’s immigration status is essential to prove an element of a party’s cause of action or to establish a party’s claim for relief, or that a remedy described in subsection (2) or (3) of this section has been awarded, the court shall make an order regarding the permitted use of the evidence.

(b) The order, motion, related materials and record of the hearing are confidential, exempt from public disclosure under ORS 192.311 to 192.478 and may not be disclosed except:

(A) To a party in the case or the party’s attorney; or

(B) To the court.

(6) This section does not prohibit a party or witness, or the party’s or witness’s attorney, from voluntarily disclosing the party’s or witness’s immigration status to the court.