(Pictured: Pierce County Sheriff Keith Swank says his agency is “obligated to honor applicable federal detainers.”
By Moe K. Clark and Farah Eltohamy
President Donald Trump has identified state and local law enforcement agencies as being pivotal in his plans to deport millions of undocumented people from the U.S. But the extent of how his undertaking will play out on the ground remains unclear, especially in Washington and other “sanctuary states” that have local laws prohibiting such collaborations.
Washington’s “sanctuary law,” formally called the Keep Washington Working Act, restricts the extent to which local law enforcement agencies may participate in federal immigration enforcement actions. The law prohibits the use of county jails for immigrant detention and doesn’t allow local law enforcement to interview or detain those suspected of being an undocumented immigrant.
In a survey by InvestigateWest and Cascade PBS, the majority of Washington sheriffs said they would focus their resources on public safety and local laws, not federal immigration enforcement.
“We recognize that immigration enforcement is a federal responsibility and not a part of my elected office or sworn duty. Therefore, we focus our resources and efforts on local law enforcement matters just as we have always done,” Pacific County Sheriff Daniel C. Garcia wrote. “We will not detain or arrest individuals solely based on suspected immigration violations.”
But some responses were less clear-cut.
“The Pierce County Sheriff Office will abide by all enforceable U.S. immigration laws and legal mandates,” wrote Sheriff Keith Swank, who took office Jan. 15 after being elected last November. “Law enforcement agencies are obligated to honor applicable federal detainers. I believe there will be more legal guidance in the near future.”
In the same vein, Grant County Sheriff Joe Kriete said in his statement that while his office is aware of the Keep Washington Working Act, his office “will not impede federal operations,” providing no further clarification.
While other local law enforcement agencies across the country have formal agreements with the U.S. Department of Homeland Security under a federal program that allows jails to be used for immigrant detention, Washington doesn’t have any such formal agreements.
Still, nothing is stopping federal Immigration and Customs Enforcement (ICE) officials from conducting immigration raids or arrests in Washington or tapping local law enforcement to help if the person of interest is suspected of committing a crime – which could be as simple as a traffic violation.
InvestigateWest and Cascade PBS reached out to all of Washington’s 39 county sheriffs and asked how they plan to balance conflicting local, state, and federal laws. Nine county sheriffs didn’t respond to multiple requests for comments, and nine others didn’t respond tospecific questions, instead forwarding a statement released by the Washington Association of Sheriffs and Police Chiefs last December. Our questions:
- What role does the sheriff’s office believe local law enforcement should play in federal immigration enforcement?
- Will the sheriff’s office change or modify any of its policies or procedures related to immigration enforcement, while still complying with the state’s Keep Washington Working Act?
- Anything else you’d like to add?
While no sheriffs said they would work hand and hand with federal immigration enforcement, Klickitat County Sheriff Bob Songer, who considers himself a “constitutional sheriff” and didn’t respond to our requests, posted a video on Facebook on Dec. 11, telling federal ICE officials to “put me on speed dial.”
Source: Cascade PBS and Investigate West, which are non-profit journalism sites.
RELATED STORY: PIERCE EXECUTIVE SETS POLICY FOR IMMIGRATION ENFORCEMENT
In response to questions arising from federal policy changes and actions regarding immigration enforcement, Pierce County Executive Ryan Mello issued an executive directive March 25 that he said creates guidelines and procedures for county employees.
| Mello said the directive ensures executive-branch departments of county government share guidance for how to comply with state and federal immigration enforcement laws. Federal law makes immigration enforcement is the sole responsibility of the federal government, and a Washington state law limits local governments’ participation in federal immigration enforcement. |
| The state law requires public schools, health facilities, courts, and law enforcement agencies to ensure that they are safe and accessible for all Washington residents, regardless of immigration or citizenship status. Under Mello’s order, Pierce County’s executive departments will interact with federal law enforcement to ensure legally required requests, such as judicial warrants, are responded to properly. The order doesn’t apply to other county government agencies headed by elected officials. |