Feds sue King County over ICE flight ban out of Seattle

The United States Department of Justice is suing King County over its ban on deportation flights from Boeing Field, according to a statement released by the federal agency Monday.

The lawsuit puts the south Seattle airport at the center of a battle over runway use by Immigration and Customs Enforcement, or ICE.

"King County doesn't get to pick and choose which federal laws it wants to follow," said Brian T. Moran, U.S. Attorney for the Western District of Washington.

Moran was joined by U.S. Attorney William D. Hyslop, his Eastern District colleague, at a press conference in Seattle on Monday.

Across the country just 30 minutes prior, U.S. Attorney General William Barr announced the lawsuit while speaking at the National Sheriffs’ Association conference in Washington, D.C.

A King County executive order signed by Dow Constantine banned deportation flights from Boeing Field in April 2019. Since then, ICE has diverted detainees to and from Yakima airport by bus.

Constantine said the executive order was intended to align county practices with the region’s values. He said mass deportations raise human rights concerns and called the lawsuit unsurprising.

“It is no surprise that Trump and Barr are bullying King County for being a welcoming community that respects the rights of all people. Our ordinances rightly require that King County facilitate immigration enforcement directives only when accompanied by a valid court order,” Constantine said.

The Department of Justice said the order violates previous agreements between the county and the federal government, and violates the U.S. Constitution.

"The federal government transferred Boeing Field to the County in 1948, and the agreement states that the federal government retains the right to use the field at no cost," Moran said. "King County is violating the law, the U.S. Constitution's Supremacy Clause, and the very agreement it signed to gain ownership of the airport."

The flight ban has caused detainees to take a 150-mile trip to the Yakima airport, and adds to transportation costs. The annual busing cost was $400,000, Department of Justice officials estimated.

Moran said during the press conference that forcing the flights to land in Eastern Washington was a safety risk, given the mountain passes and winter weather. He added that the action was "perhaps delaying reunifications ... delaying the quick and just adjudication of their matters."

Hyslop argued that the "vast majority of the people being deported" from Washington have committed crimes which have lead to their deportation.

Constantine said local airport operators notified the county that they would no longer serve charters used by ICE. He said the county is already actively engaged in a discussion with the Federal Aviation Administration to resolve the friction.

“The Justice Department initiated a legal fight over our regional airport rather than working with Congress to pass comprehensive immigration reform. We look forward to our day in court,” Constantine said.