The Ninth Circuit Court of Appeals has upheld a district court ruling that affirms the U.S. government’s authority to deport individuals in the country illegally. The ruling comes after a challenge from King County, Washington, prompted by an executive order issued in April 2019 by King County Executive Dow Constantine.
This order sought to halt the support of U.S. Immigration and Customs Enforcement (ICE) charter flights from King County International Airport near Seattle. Constantine’s directive aimed to prevent the transportation and deportation of ICE detainees at the local airport.
The U.S. Department of Justice (DOJ) filed a lawsuit in February 2020, arguing that Constantine’s order unlawfully obstructed federal immigration enforcement. They contend it contravened the Supremacy Clause’s intergovernmental immunity doctrine and a World War II-era Instrument of Transfer agreement. This agreement allowed the federal government certain usage rights at the airport under the Surplus Property Act of 1944. The Trump administration sought a permanent injunction against the order, which the district court granted, asserting that the order unfairly discriminated against ICE contractors and breached the Instrument of Transfer.
King County, a self-declared “sanctuary county,” appealed the decision. Constantine’s legal team argued in favor of the county’s approach to “inclusivity” and opposition to discrimination.
However, the appellate court, led by Judge Daniel Bress, with concurrence from Judges Michael Hawkins and Richard Clifton, deemed Constantine’s arguments to be ideological. The court maintained that the order violated the Supremacy Clause and the Instrument of Transfer. It underscored that the federal government sustained concrete injuries due to increased ICE operational costs and potential future risks from the order.
The ruling further determined that Constantine’s order breached the intergovernmental immunity doctrine by unfairly targeting federal operations, thereby restricting the government’s conduct of deportations.