Leroy N. Soetoro
2025-01-24 23:23:18 UTC
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Permalinkspokane-as-trump-threatens/
Shadowed by Washingtons sanctuary laws, Spokane faces uncertainty on
potential conflicts with President Donald Trumps threats this week to
prosecute those who impede his immigration arrest and deportation efforts.
The question comes, is there a legal basis for the feds to order local
law enforcement to enforce federal law? Its not clear there is, longtime
Spokane civil rights attorney Jeffry Finer said.
While the future is unclear, most local agencies and officials will not
change their day-to-day operations.
Trump signed a flurry of executive orders on the first day of his
presidency, many of which targeted immigration policies brought about by
the Biden-Harris Administration. Some of the orders aimed to end automatic
birthright citizenship and asylum to migrants.
Among the actions to thwart immigration in the U.S., the Trump
Administration sent out a memo to the Justice Department late Tuesday
instructing U.S attorneys to investigate officials who resist and obstruct
immigration-related demands, according to reporting by the Washington
Post.
The memo marked the beginning of a Sanctuary Cities Enforcement Working
Group, which intends to take legal action against states that conflict
with the presidential administrations goals to crack down on immigration
policy.
His administration also announced Tuesday it would be rolling back a 2011
policy that bans federal immigration enforcement agencies from making
arrests in and near churches, schools, hospitals and other safe havens.
Washington is largely considered a sanctuary state because of the 2019
Keep Washington Working Act, which decided an individuals immigration
status is not a matter of police or school resource officer action.
The law states someone cannot be detained or questioned based on their
citizenship, and that officials can only give federal agents information
on the persons citizenship status if its directly related to a criminal
offense.
There are rights reserved to the states. If they want to delegate it to
the feds, the president cannot wade into those areas. It would require
heavy legislation, Finer said.
Deputy Director of Northwest Immigrant Rights Project Vanessa Gutierrez
maintains the Keep Washington Working Act is still very much good law
and doesnt contradict with federal law. She said the state isnt entirely
immune from getting a knock at the door from federal law enforcement.
If federal immigration officers show up to those sensitive locations that
used to be off limits by their own policies, those places can still deny
them entry unless they have a judicial warrant, Gutierrez said. Were
working really hard to make sure that people understand their rights and
understand those differences between when we have to cooperate with
federal officers and when were protected by law not to have to do that.
Former Spokane City Council President Ben Stuckart said he doesnt believe
Spokane should have the liability of Trumps immigration threats. Stuckart
served in that position in 2017, which was also the last time Trump
threatened to withhold federal funds from sanctuary states and cities in
his prior mass-deportation effort.
The whole state of Washington is saying, Dont cooperate with
immigration enforcement, Stuckart said. If the Trump administration
says, Were going after Spokane, Spokane can just say, Were following
state law.
In all, the efforts are deeply disappointing, according to Manzanita
House immigration attorney Samuel Smith.
It can prevent people from seeking out medical care when they need
medical care, Smith said. It can prevent people from attending church or
having their children go to school.
It harms those individuals, the families, but it also harms our society
and our community as a whole to make those spaces be threatened. It really
does nothing but serve to scare our community members.
Spokane law enforcement likely wont act
The Spokane Police Department does not enforce federal laws in compliance
with the Keep Washington Working Act, according to an email from
department spokesperson Dan Strassenberg, meaning police will not be
conducting or enforcing any type of immigration raid.
We want community members to feel safe and trust that if they need to
call 911 for any matter, their immigration status will not be asked or
inquired about, the email said. We respect the rights and dignity of all
individuals, reinforcing our commitment to equitable law enforcement for
everyone in Spokane.
Spokane County Sheriff John Nowels said he wont impede with federal
agents carrying out duties they are instructed to, but even if the
building blocks were put in place for deputies to help federal law
enforcement address immigration, I dont have the staff to do that.
Nowels said he believes most people have a similar belief that if someone
is not a citizen in the U.S. but is committing crimes, it should be
addressed, but so much gets lost in the rhetoric around the issue. As
far as the threat to prosecute local officials who impede Trumps efforts,
thats for the attorneys to decide, Nowels said.
If agents came to the sheriff and directed him to violate the Constitution
in tandem with the administrations immigration crackdown goals, I will
step up and say something, he said. And if anyone directed him to violate
Washington law, he wouldnt do that, either, because (the federal agents)
dont have the authority to do that.
We have an obligation to stand up and do something if that happens,
Nowels added. But people have to determine where that violation is.
What he prefers to see is a widespread effort to enhance the American
dream, and to do it without costing people thousands of dollars. Nowels
would also support and help any undocumented person become a citizen if
they had a goal to become a deputy, he said.
I want to see from my elected What can we do to come up with a plan for
people who want to take part in the American dream? What about the people
who came in on the boatload into Ellis Island? Nowels said. The Biden
administration shouldve been doing more to open up a pipeline to enter
here legally, and Trump needs to do the same.
Rob Curry, a spokesperson for the U.S. Attorneys Office of Eastern
Washington, declined to comment.
Hospitals, schools dont waver
On Friday, Spokane Public Schools sent out a staff newsletter addressing
the new potential immigration policies nationwide. The newsletter stated
the school district strives to give every student an opportunity no matter
their background or life experience.
Under school-wide policy, staff is prohibited from granting access to
federal immigration agents or providing them information unless given
permission from the superintendent or attorneys in accordance with case
law.
Spokane Public Schools is committed to upholding our policies and
procedures that our schools be a safe place where our students can learn,
School Board President Nikki Otero Lockwood said in a statement. If
incidents occur, we respond immediately and work to keep all our students
safe regardless of their background, circumstances, or identities.
District spokesperson Ryan Lancaster said the district expects to hear
from the Washington Office of Superintendent of Public Instruction soon
for more information on the matter, and the agency will be releasing more
guidance on how to support students, families and staff regarding their
legal status.
While Trumps order also rescinded immigration raid safeguards on
protected places like hospitals, Providence Sacred Heart Medical Center
spokesperson Beth Hegde said enforcement agents do not have access to
patient care areas and cannot conduct enforcement activity on our
campuses. The hospital also does not report patients personal
information or citizenship status to authorities.
At Providence, we see health care as a fundamental human right not a
privilege. We serve members of our communities without regard to legal or
socioeconomic status and believe that everyone deserves quality health
care. As a mission driven organization, we have a special focus on those
who are most vulnerable and know that immigrants, undocumented or not,
face unique challenges, Hegdes statement said. Our medical facilities
are a sanctuary for all in need of healing and a safe place where everyone
can expect to be treated with compassion and respect. We will continue to
follow state and federal laws.
Its possible Trumps enforcement endeavors could be placed on hold over
an unlikely political decision from the White House, like a change of
heart, or an injunction issued by a judge if he faces more lawsuits.
Multiple lawsuits across at least 23 states, including by Washington
Attorney General Nick Brown, have been filed this week against the
president for his attempts to end birthright citizenship.
MultiCare Health System spokesperson Kevin Maloney said in a statement the
immigration orders are a developing situation that is being reviewed.
MultiCare will continue to support our mission of partnering for healing
and a healthy future, the statement said.
Luis Cortes, immigration attorney at Novo Legal LLC, said that even though
this policy has been rescinded and allows DHS officials or ICE officers to
enter these sensitive areas, whether at churches or schools, they still
need to do it the legal way.
For example, a church is still private, not public property. If theyre
going to want to go into the churches, theyre going to need a warrant,
and a warrant issued by a judge, not a warrant issued by another
administrative official, Cortes said. This goes for businesses,
hospitals and schools as well. If theyre going to want to go into a
school, theyre going to need a warrant to enter these areas that are not
public areas, and so in a place like Washington that still has the
sanctuary protections, then they still need to comply with these legal
mechanisms in order for them to enter nonpublic areas.
Shock and awe?
Finer calls Trumps moves a negotiation tactic to further his goal. He
feels Trump knows he might be unsuccessful in some ways, maybe more
successful in others, but also acknowledges these sorts of state and
federal fights have happened before.
During the desegregation of the 60s, the Supreme Court found Congress
could regulate state activities if it impacted interstate commerce, Finer
pointed out. But at the same time, the 10th Amendment also reserves all
powers not delegated to the government for the states, he added, calling
the immigration goals daunting.
But Im not betting on anything yet, Finer said.
Mike Faulk, communications director for Attorney General Brown, said the
offices current focus is the executive order ending birthright
citizenship.
With that, the office is taking a closer look at all the other immigration
orders and their impact on the people of Washington. When the office heard
of the threat to prosecute states that could impede Trumps immigration
goals, Faulk said it sounds more like a target on Democratic states.
Im not aware of any Washington state laws that violate federal law in
this area, he said. Our position is Washington States laws dont
violate federal law. Were going to have to see what they do, (and) learn
more about their arguments.
Former Councilman Stuckart, who called Trumps actions in 2017 all bark
and no bite, believes that this time around, he may have more ammunition
behind him to make good on his immigration threats.
I think theyre more knowledgeable about the federal government this time
around, Stuckart said. Thats my worry.
Stuckart added that he believed the Trump administrations flurry of
executive orders and actions was designed to overwhelm people and states,
preventing people from reacting to each individual decision.
Theyre shock and awe-ing us, Stuckart said. On the immigration front,
luckily, we have state laws that will be defended by our new attorney
general, Nick Brown.
Spokane City Council President Betsy Wilkerson said she is confident with
Brown at the helm of the attorney generals office and former Attorney
General Bob Ferguson as the states new governor that Spokane will
effectively be able to support its immigrant population. Shes been
pushing for more resources available for people who may encounter a
federal immigration agent, Wilkerson said.
Councilwoman Lili Navarrete also said she will be introducing a resolution
early next month reaffirming the citys support for the Keep Washington
Working Act in response to immigration concerns.
Trumps challenge to states like Washington is not a first, however. There
is a history of sanctuary cities being challenged, but courts have
repeatedly upheld their protections, Manzanita House attorney Smith said.
While the memo from the Justice Department makes threats against sanctuary
local law enforcement for interfering with federal agents, sanctuary
protections typically mean states and cities will just opt out of
helping federal immigration enforcement, not impeding them.
Any federal actions trying to force local jurisdictions to enforce,
compelling state enforcement of federal programs, would likely be
unconstitutional. And so the Supreme Court has said that immigration is
purely the sole duty of the federal government, Smith said.
Smith believes that the impact from this threat is unlikely to be borne
out in the court, but simply is a scare tactic that causes some nonprofits
or governments to stop helping undocumented immigrants.
Mujeres in Action, a Spokane nonprofit organization that supports
survivors of domestic violence and sexual assault, wrote in a joint
statement Wednesday that it strongly opposes targeting sanctuary spaces
and the general rhetoric around the administrations perception of
undocumented immigrants because it makes it more difficult for abuse
survivors.
These attacks are fueled by xenophobia. As advocates for survivors and a
Latine-focused organization, we believe removing protections for sanctuary
spaces is both cruel and unjust, the statement reads. Sanctuary spaces
like schools, places of worship, and medical facilities should be safe
havens, not places of fear. Targeting vulnerable individuals in these
spaces is inhumane.
Insisting on a right way to pursue the American dream is unjust,
especially when many Americans ancestors arrived here without proper
documentation.
For now, the legal limbo persists.
This is uncharted territory, Finer said. And its terribly confusing.
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