9th Circuit: Local Authorities In Washington State Can’t Block Feds From Deporting Illegals
A three-judge panel on the Ninth Circuit Court of Appeals ruled that the federal government has the authority to deport illegal immigrants even if local leaders try to impede the process.
The case arose after King County Executive Dow Constantine issued an executive order in 2019 that instructed county officials to prohibit “fixed base operators” (FBO) on a county airfield from servicing flights chartered by Immigration and Customs Enforcement (ICE) to deport illegal immigrants who are lawfully removable. FBO’s “lease space from the airport and provide flights with essential services, such as fueling and landing stairs,” according to the ruling.
The Trump administration sued because the order impeded ICE from enforcing the law and removing illegal immigrants. The administration argued that the order violated the Constitution’s Supremacy Clause and a World War II-era agreement that gave the federal government permission to use the King County airport.
The three-judge panel affirmed both contentions. The panel ruled that the executive order was a violation of the Supremacy Clause’s intergovernmental immunity doctrine because it “improperly regulates the way in which the federal government transports noncitizen detainees by preventing ICE from using private FBO contractors at Boeing Field.” The court also held that the executive order discriminated against the federal government by “regulat[ing] them unfavorably on some basis related to their governmental ‘status.’”
King County said it would not appeal the ruling, according to The Seattle Times.
The incoming Trump administration has vowed to solve the border crisis and deport illegal immigrants who are draining taxpayer resources, while hordes of so-called “sanctuary cities” nationwide oppose enforcement of federal immigration law and go so far as to refuse to comply with ICE authorities.
Tom Homan, dubbed the incoming “border czar,” has already warned sanctuary city officials not to resist or impede the federal government’s deportation activities.
“It is a felony to knowingly harbor or conceal an illegal immigrant from immigration authorities. Don’t test us,” Homan said.
One Democrat, Denver Mayor Mike Johnston, has already vowed to mobilize police and residents “stationed at the county line” to “keep” federal immigration authorities “out” of the city. Johnston likened the hypothetical to Tiananmen Square but later tried to walk back the comparison.
Homan responded to Johnston’s open defiance, saying he is “willing to put [Johnston] in jail.”
Brianna Lyman is an elections correspondent at The Federalist. Brianna graduated from Fordham University with a degree in International Political Economy. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2
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