Opinion: Washington State’s resistance to ICE declared unconstitutional

Nancy Churchill discusses a Ninth Circuit Court ruling declaring Washington state’s ICE resistance unconstitutional.

In her weekly column, Nancy Churchill discusses the recent Ninth Circuit Court’s ruling

Nancy Churchill
Dangerous Rhetoric

A recent ruling by the Ninth Circuit Court of Appeals confirmed that King County, Washington violated both the U.S. Constitution and a longstanding federal contract by attempting to ban U.S. Immigration and Customs Enforcement (ICE) flights from Boeing Field. In 2019, County Executive Dow Constantine issued an executive order barring fixed base operators at the airport from servicing ICE charter flights.

This order effectively halted ICE operations, as all three fixed base operators complied. The federal government promptly challenged the move, arguing it interfered with federal operations and breached a World War II-era agreement granting the United States use of the airport. The Ninth Circuit agreed, stating that the county’s order unlawfully discriminated against the federal government and its contractors, thereby infringing upon the Supremacy Clause of the Constitution. This decision underscores the principle that local jurisdictions cannot obstruct federal activities, especially when prior agreements are in place.

In 2023, District Judge Robert J. Bryan similarly deemed the order unconstitutional, stating it unfairly targeted federal operations compared to other airport users. ICE flights resumed in May 2023, reaffirming that local jurisdictions cannot obstruct federal law enforcement activities.

Misallocation of taxpayer funds

While federal courts upheld constitutional principles, Washington’s progressive leaders continued to prioritize illegal immigration. In 2023, the state allocated over $460 million in taxpayer funds to support approximately 223,000 undocumented immigrants through the Immigrant Relief Fund. This initiative provided direct payments ranging from $1,000 to $3,000, using federal COVID-19 relief funds. This circumvented federal restrictions on the proper use of the federal relief funds.

State leaders justified the payments as equitable relief for undocumented immigrants excluded from federal pandemic assistance. However, critics argue these funds were misappropriated, diverting resources away from citizens and legal residents most affected by the state’s strict lockdown policies. This substantial financial commitment has sparked debate over the state’s fiscal priorities and the appropriate use of taxpayer dollars. Should illegal immigrants who don’t pay taxes get subsidies from taxpayers, when those same taxpayers need relief from the impact of the state’s draconian lockdown policies?

Open borders policies and fentanyl

Progressive open borders policies at both the federal and state levels have likely fueled the fentanyl crisis devastating Washington’s communities. Lax enforcement of immigration laws enables drug cartels and traffickers to exploit border gaps, flooding neighborhoods with this deadly substance. The consequences are severe: rising overdose deaths, overwhelmed first responders, and strained public health systems.

Instead of addressing the crisis, Washington’s progressive leaders appear to double down on politically driven policies. By ignoring the Constitution and the rule of law, they make communities less safe and divert taxpayer resources to undocumented immigrants. The policies effectively protect and encourage crime by foreign nationals, undermining the integrity of our legal system. This mismanagement leaves fewer resources to combat the fentanyl epidemic or aid its victims.

Rather than addressing illegal immigration or the drug trade, Washington’s leadership enables these crises, putting public safety at risk. The time has come for leaders who will prioritize law enforcement, fiscal accountability, and the well-being of law-abiding citizens over partisan agendas.

Hope for the future of our communities

It’s clear that the progressives’ open border policies are both illegal and unconstitutional. It’s clear that these policies are harming the residents of Washington state. Ferry County, located on the state’s northern border with Canada, has been deeply impacted by the fentanyl crisis. Furthermore, our local Border Control agents are an important part of our community, and they regularly assist our local law enforcement. We owe them our support and gratitude.

Now is the time for the citizens of Washington to push back against Washington state’s open-border politicians. We can count on federal support from the incoming Trump administration, based on the public statements from incoming “Border Czar” Tom Homan. This support gives us hope for the future of our communities.

We must continue to strongly oppose the illegal and unconstitutional immigration policies. Everyone who wants safe communities, strong borders and improved addiction treatments can make an impact by participating in the upcoming legislative session. Be sure to follow the development of new laws on these topics and let the sponsors know if you oppose their radical agenda. The next legislative session starts the second week of January. Now is the time to remind Washington state legislators that the Constitution and federal immigration law need to be honored.

Nancy Churchill is a writer and educator in rural eastern Washington State, and the state committeewoman for the Ferry County Republican Party. She may be reached at DangerousRhetoric@pm.me. The opinions expressed in Dangerous Rhetoric are her own. Dangerous Rhetoric is available on thinkspot, Rumble and Substack.