Law enforcement agencies won’t deport individuals

By Elijah Sussman

State and local law enforcement agencies say they will abide by state law, which prohibits them from enforcing immigration detention or deportation.

Clallam County Sheriff Brian King, Jefferson County Acting Sheriff Andy Pernsteiner, Forks Police Chief Michael Rowley, Port Angeles Police Chief Brian Smith, Port Townsend Police Chief Thomas Olson and Washington State Patrol Chief John Batiste have all referred to the Keep Washington Working Act in statements or interviews.

The Keep Washington Working Act (KWW) or RCW 10.93.160, signed into law in 2019, prohibits state and local law enforcement agencies from assisting federal immigration enforcement agencies.

Exceptions for the prohibitions are specified for cases where local agencies are presented with federal judge-signed warrants or when a person’s immigration status may be relevant to an investigation into a criminal violation of local or state law, according to the state attorney general’s office.

Exceptions also are present for the state Department of Corrections.

Rowley said he and King met with community leaders in Forks to clarify their roles as local law enforcement.

“We’ve met with our Hispanic leadership for our community leaders,” Rowley said. “We’ve expressed it, Keep Washington Working is a factor, and we’re going to abide by that and we do not assist by providing names or date of birth or residences to immigration or ICE (U.S. Immigration and Customs Enforcement). That’s not our role as law enforcement officers; we enforce Washington state code.”

Rowley said he and King took part in the community meeting to alleviate fear.

“If you’re a victim of crime, we want people to be able to report to law enforcement here in the City of Forks without the fear of dealing with an ICE issue,” he said. “We believe that there are immigrants that are here that are being victimized, and we don’t want that fear to limit them from being able to report crimes and to be safe.”

King released a statement from Washington Association of Sheriffs and Chiefs of Police (WASCP) on Facebook, affirming an adherence to KWW. Then, a few days later, he released another statement.

“Deportation, immigration enforcement, and related legal proceedings fall under the jurisdiction of federal courts and federal law enforcement agencies,” King said. “Local law enforcement’s primary responsibility is to address criminal violations that impact community safety and quality of life. We do not have the authority to enforce federal immigration laws.”

In early January, Pernsteiner and Olson attended a community meeting hosted by Jefferson County Immigrant Rights Advocates (JCIRA), said Courtney Morales Thrall, JCIRA multicultural center administrator.

“We had a community meeting at JCIRA on the ninth to talk about the state of what’s going on,” Morales Thrall said. “It was both for immigrant community members and allies in the area. We had the police chief and the sheriff there, and they both stood up, they came in uniform as their jobs. They both spoke very positively about the work we do and very much in support of the immigrant community.”

Pernsteiner said he went to the meeting in an attempt to encourage immigrants to feel safe in reaching out, should the need arise.

“I basically just wanted to reiterate that our job is community safety,” he said. “I don’t want anybody not to call 911 just because they’re fearing they’ll be getting into trouble for their immigration status. I don’t want that. I want people call 911 if there’s an emergency so that we can resolve issues within our community.”

Pernsteiner said he’s had his sergeants disseminate through the ranks that the office will abide by KWW.

“Quite honestly, we can’t enforce immigration,” Pernsteiner said. “The way our law is now, we would actually be penalized if we decided to do that. We’ve never asked someone for their immigration status or their card.”

Olson released part of the WASCP statement on the City of Port Townsend website.

“WA Sheriffs and Police Chiefs want all Washington residents to know that no one in our state should fear calling 911 for help due to their immigration status,” the statement excerpt reads. “The role of our officers, deputies, troopers and agents is to serve and protect everyone. We will always seek to provide that protection fairly, and without regard to immigration status.”

Olson also noted that the department’s policies support the Port Townsend Welcoming City Resolution signed in 2017.

In a statement on Facebook, Smith said the department has a long history of collaborating with federal law enforcement agencies in areas where federal and local law enforcement have joint authority.

“Immigration enforcement is exclusively under the purview of the federal government,” Smith said. “Local and state law enforcement officers get their authority through the state of Washington and this does not include the authority to enforce federal immigration law.”

Trooper Katherine Weatherwax of Washington State Patrol (WSP) emailed a statement released by Batiste, saying immigration is not in State Patrol’s purview.

“The bottom line — immigration is not our (WSP’s) lane,” Batiste said. “It is a civil matter overseen by federal immigration authorities as is all associated enforcement. By statute, policy, and practice, WSP cannot and does not engage in immigration enforcement, nor do we collect or share immigration information about the individuals we contact in our duties. We simply serve all with fairness, dignity, and resolve in our primary mission of promoting public safety for all.”

Rowley said the Forks Police Department would not assist with civil detainers and would have to be presented with a federal judge-signed warrant to cooperate.

“As far as working with border patrol and ICE, if border patrol and ICE have a signed criminal warrant signed by a judge and they ask for assistance, we would be able to help with that,” Rowley said. “Most warrants done by ICE are civil detainers. We would not assist in those detentions.”

Rowley added that they would only help in cases involving imminent danger.

“We would strictly be security,” he said. “If there was criminal subject that the government signed a federal warrant for a crime, say they were wanted for kidnapping or an act of crime, then we would be actively helping and that help would be to secure perimeter or to safeguard citizens around the city of Forks.”

Rare and severe cases, involving homicide, for example, may warrant reaching out to a consulate, Rowley said. If a language barrier were present, they would have the support of their consulate, he added.

“On any other cases, we would Mirandize them as if they are any other citizen, because we don’t ask their lineage or their residency.”

Morales Thrall said she is not aware of detainment being ramped up, but she has received reports of ICE vehicles parked along U.S. Highway 101 and parked outside of Olympic Medical Center in Port Angeles.

Morales Thrall said she has been inundated with calls from people who are terrified and desperate to gain clarity around what’s happening.

“People are definitely scared, definitely being more cautious, definitely paying a lot of attention,” she said. “I know people who aren’t wanting to drive very far because of reports of border patrol being on the 101. I had someone who didn’t go to the hospital last week to see a new baby because they were parked out front. I think the fear is very real and very much affecting people’s ability to fully engage, like do their lives.”

Morales Thrall recommended a Washington Immigrant Solidarity Network resource for understanding immigrant rights laid out in KWW.

Reporter Elijah Sussman can be reached by email at elijah.sussman@sequimgazette.com.