The Everett Police Honor Guard help lead the city's Fourth of July Parade on Thursday, July 4, 2024, in downtown Everett, Washington. (Ryan Berry / The Herald)

Local police policies prevent compliance with federal deportation efforts

Law enforcement can’t arrest solely based on immigration status under state law unless relevant to a criminal investigation.

EVERETT — Some Snohomish County law enforcement agencies say they will not comply with federal orders to assist in immigration raids in most cases. Others say they are awaiting legal guidance on the matter.

Last week, the U.S. Department of Justice issued an internal memo saying state and local officials who resist the enforcement of federal immigration laws may face federal prosecution, the Associated Press reported.

On Friday, Washington Attorney General Nick Brown issued a joint statement in response to the memo with attorneys general from 12 other states. Supreme Court precedent “prevents the federal government from commandeering states to enforce federal laws,” the statement read.

“As state attorneys general, we have a responsibility to enforce state laws – and we will continue to investigate and prosecute crimes, regardless of immigration status,” it read. “We will not be distracted by the President’s mass deportation agenda.”

An estimated 340,000 Washington residents do not have legal immigration status, according to a Department of Homeland Security report. On Trump’s first day in office last week, he pledged his administration will conduct more mass deportations than any prior administration. On Sunday, U.S. Immigration and Customs Enforcement posted on X that it arrested more than 950 people and detained more than 554 people throughout the country.

Under state law adopted in 2019, local law enforcement agencies in Washington cannot arrest someone solely based on their immigration status unless the information is relevant to a criminal investigation.

Everett Police Department Spokesperson Natalie Given said the department will follow its current immigration policy. The policy says officers will only look into a person’s immigration status if they are convicted of a felony or suspected of being involved in terrorism, human trafficking, criminal street gang activity or a “serious public safety incident.”

It further states the Everett Police Department will provide assistance to U.S. Immigration and Customs Enforcement in cases involving emergencies, threats to public safety or responding to requests to help an officer.

The Snohomish County Sheriff’s Office, Edmonds, Mukilteo, Lynnwood and Marysville have similar policies. In addition, the departments may provide support services in the event of federal requests for assistance, including traffic control or peacekeeping efforts.

Courtney O’Keefe, spokesperson for the Snohomish County Sheriff’s Office, said the office is awaiting guidance from its legal counsel on whether it should comply with federal orders. Spokesperson Nathan Fabia said Mukilteo Police Department is doing the same.

“We value the strong relationships we’ve built with both our community and our federal partners,” Fabia added.

Jeff Franzen, Marysville Police Department spokesperson, said the department’s immigration enforcement is “at status quo at this time.”

Jenna Peterson: 425-339-3486; jenna.peterson@heraldnet.com; X: @jennarpetersonn.

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