County in Washington State Cannot Block ICE Deportation Flights, Appeals Court Rules

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A federal court has struck down King Countyโ€™s ban on ICE deportation flights, citing federal supremacy and breach of contractual obligations.

A federal appeals court has ruled that an order in King County, Washington, barring U.S. Immigration and Customs Enforcement (ICE) from using a Seattle-area airport to deport illegal immigrants from the country is unlawful, affirming a lower courtโ€™s summary judgment and clearing the way for the removals to continue.

Judge Daniel A. Bress of the U.S. Court of Appeals for the Ninth Circuit wrote in the Nov. 29 opinion that a 2019 executive order issued by King County Executive Dow Constantine that prohibited the ICE deportation flights was unlawful. The ruling identified two primary legal violations: discrimination against federal operations under the supremacy clause of the U.S. Constitution and breach of a World War II-era instrument of transfer agreement governing the airportโ€™s use.

Bress wrote that the executive orderโ€™s flight ban โ€œdiscriminatorily burdens the United Statesโ€ in the enforcement of federal immigration law and that this โ€œdiscrimination, plain on the face of the Order, contravenes the intergovernmental immunity doctrine.โ€ Rooted in the supremacy clause, the intergovernmental immunity doctrine protects federal government operations from discriminatory or obstructive actions by state and local governments.

The court also found that through Constantineโ€™s directive, King County violated its contractual obligations under the instrument of transfer agreement, which granted the federal government the right to use the King County International Airport, commonly known as Boeing Field.

The dispute dates back to April 2019, when Constantine issued an executive order that explicitly opposed ICEโ€™s deportation operations. The directive instructed airport officials to ensure that future leases and operating agreements with fixed-base operatorsโ€”the companies that provide essential services such as fueling and aircraft maintenanceโ€”contained provisions prohibiting them from servicing ICE flights.

Constantine justified the order by citing the countyโ€™s disagreement with federal immigration policies, stating that the flights raised โ€œdeeply troubling human rights concerns which are inconsistent with the values of King County,โ€ including family separations and deportation of people into unsafe conditions in other countries. The order effectively halted deportation flights at the airport.

Byย Tom Ozimek

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