Lois Larson
In 2019, King County, home to Seattle, attempted to block U.S. Immigration and Customs Enforcement (ICE) from using King County International Airport, also known as Boeing Field, for deportation flights. The county's executive, Dow Constantine, issued an order expressing concerns that deportations could constitute human rights abuses and announcing that future leases at the airport would bar operators from servicing such flights. However, a federal appeals court ruled in 2023 that ICE could continue using the airport for deportations, rejecting the local order and upholding the federal government's discretion in immigration enforcement. This decision sparked a debate between local values and federal power, with Seattle aiming to resist then-President Donald Trump's immigration policies.
| Characteristics | Values |
|---|---|
| Can Seattle block ICE from using local airports? | No, as per the ruling of the 9th U.S. Circuit Court of Appeals |
| Reason for the ruling | King County overstepped its power by interfering with federal government immigration enforcement |
| King County's response | Issued a new order that prevents the use of county resources in deportations and calls for transparency in deportation flights |
| Current status of deportation flights | Resumed since May 2023 |
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What You'll Learn
King County Executive Dow Constantine's 2019 executive order
In 2019, King County Executive Dow Constantine issued an executive order to prevent U.S. Immigration and Customs Enforcement (ICE) from using King County International Airport, also known as Boeing Field, for deportation flights. The order expressed concern that the deportations could violate human rights and announced that future leases at the airport would bar operators from servicing such flights.
The executive order was in line with efforts in liberal Seattle and Washington State to resist then-President Donald Trump's immigration policies. However, it was challenged by the federal government, which sued King County in 2020, during the Trump administration. The case continued under the Biden administration.
A district court judge in Tacoma ruled that King County could not block the deportation flights, stating that the county had overstepped its power and interfered with federal government immigration enforcement. As a result, King County withdrew the executive order and replaced it with a more lenient one, which did not directly block deportation flights but prevented county resources from aiding in deportations beyond what federal law requires.
Despite the court ruling against the initial executive order, Constantine's actions had an impact. In response to the 2019 order, ICE began using an airport in Yakima for deportation flights, a much farther drive from its Northwest detention center in Tacoma. Additionally, Constantine's second executive order, issued after the court ruling, called for transparency around deportation flights, leading to the provision of a public viewing area and a log of deportation flights posted on the county website.
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Boeing Field deportation flights
In 2019, King County Executive Dow Constantine issued an executive order expressing concern that deportations could constitute human rights abuses and announcing that future leases at King County International Airport, also known as Boeing Field, would bar operators from servicing deportation flights. The order targeted private companies that fuel and maintain planes at the airport.
However, a federal appeals court ruled that ICE could continue using the airport for deportation flights, stating that King County overstepped its power and impermissibly overrode the federal government's discretion. The court's decision was based on the interpretation that the executive order gave King County the power to control ICE's transportation and deportation operations, forcing ICE either to stop using Boeing Field or to use government-owned planes there.
Despite county objections, deportation flights have resumed at King County International Airport/Boeing Field, with human rights advocates calling for change regarding the treatment of detainees on board. La Resistencia, a social justice nonprofit, has been witnessing the flights and counting how many detainees come and go, exposing multiple human rights violations against detainees.
While King County cannot legally block deportation flights, a new order has been implemented that prevents county resources from aiding in deportations beyond what federal law requires. This order also calls for transparency, providing a conference room where the public can observe deportation flights on a video feed and posting a log of deportation flights on the county website.
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The federal appeals court's ruling
In 2019, King County Executive Dow Constantine issued an executive order expressing concern that deportations by ICE could constitute human rights abuses. The order announced that future leases at the county airport, also known as Boeing Field, would bar operators from servicing deportation flights.
However, the federal government, under the Trump administration, sued King County in 2020, and the case continued under the Biden administration. A district court judge in Tacoma ruled that King County could not block the flights, leading the county to withdraw the executive order and replace it with a more lenient one.
In 2023, the 9th U.S. Circuit Court of Appeals unanimously upheld the ruling against King County's attempt to block ICE from using the airport for deportations. The three-judge panel found that the executive order violated the "intergovernmental immunity doctrine" by interfering with federal government immigration enforcement and overriding the federal government's discretion.
The court's decision allowed federal power to supersede local values, and King County was forced to follow the dictates of the court, despite disagreeing with the ruling. As a result, ICE has continued to use Boeing Field for deportation flights, with 79 such flights occurring since May 2023.
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The 9th Circuit Court of Appeals' ruling
The 9th Circuit Court of Appeals ruled that King County, home to Seattle, violated the "intergovernmental immunity doctrine" by interfering with federal government immigration enforcement. The ruling stated that King County's executive order discriminated against the federal government and its contractors by singling them out for unfavourable treatment. The court also ruled that King County violated the terms of the agreement under which it reacquired Boeing Field from the federal government.
The ruling was made by a three-judge panel, which unanimously upheld a previous ruling by a district-level federal court. The panel agreed that King County had overstepped its power in attempting to block federal Immigration and Customs Enforcement (ICE) from using the county-owned airport to conduct deportations.
The original executive order, issued by King County Executive Dow Constantine in 2019, expressed concern that deportations could constitute human rights abuses. It stated that future leases at the airport would bar operators from servicing deportation flights. In response, ICE began using an airport in Yakima for deportation flights, which is much farther from their Northwest detention centre in Tacoma.
Following the ruling, a spokesperson for King County acknowledged that they would follow the court's dictates, despite disagreeing with the decision. They criticised the ruling for allowing federal power to override local values. Deportation flights resumed at King County airport in May 2023, with new measures for transparency, including a public viewing room and a log of deportation flights posted online.
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The district court's overruling of Constantine's order
In 2019, King County Executive Dow Constantine issued an executive order expressing concern that deportations by ICE could constitute human rights abuses. The order announced that future leases at the county airport, also known as Boeing Field, would bar operators from servicing deportation flights.
However, this order was challenged by the federal government, which sued King County in 2020. A district court judge in Tacoma ruled that King County could not block the deportation flights, stating that Constantine's initial executive order violated the "intergovernmental immunity doctrine" by interfering with federal government immigration enforcement. The district court's ruling was later upheld by the 9th U.S. Circuit Court of Appeals, which agreed that King County had overstepped its power and impermissibly overridden the federal government's discretion.
Following the district court's ruling, King County withdrew Constantine's initial executive order and replaced it with a more lenient one. This new order did not purport to block deportation flights but instead prevented King County resources from aiding in deportations beyond what federal law requires. It also called for transparency around any deportation flights, with the airport offering a conference room for public observation and a log of deportation flights posted on the county's website.
While Constantine's initial order was overruled by the district court, the new order allowed King County to express its opposition to ICE's deportation practices while remaining within the bounds of federal law. The county's efforts reflected the liberal political leanings of Seattle and Washington state, which sought to resist the immigration policies of then-President Donald Trump.
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Frequently asked questions
No, Seattle cannot block ICE from using local airports. In 2023, a federal appeals court ruled that the federal government can continue using King County-owned Boeing Field for deportation flights, despite county objections.
The ruling stated that King County overstepped its power when it tried to block federal ICE from using the airport. The court also ruled that the county violated the terms of the agreement under which it reacquired Boeing Field from the federal government.
Although King County disagreed with the court's decision, they stated that they would follow its dictates. The county also issued a new order that prevents King County resources from aiding in deportations beyond what federal law requires and calls for transparency around deportation flights.
As a result of the ruling, deportation flights resumed at Boeing Field in May 2023. There have been 79 such flights since, including 45 in the year following the ruling.
