After ICE arrest, attorney alleges Spokane County Sheriff's Office broke WA law

An Eastern Washington sheriff’s office is pushing back against allegations of government misconduct after immigration officials targeted the same man the office was investigating.

In a recent court filing, the Spokane County Sheriff's Office is accused of violating two state laws: the Keep Washington Working Act passed in 2019, and the Washington Open Courts Open to All Act passed in 2020. The allegations come after a man the department was investigating was abruptly arrested by federal immigration enforcement last week.

RELATED: British tourist arrested and detained at Tacoma ICE center after exchanging housework for lodging

Kyle Madsen is a senior public attorney for Spokane County Counsel for Defense. He represents a man who the Sheriff’s Office was investigating for harassment charges. That man was intercepted by immigration enforcement while traveling to the Spokane County Court. Madsen has filed a motion, asking for the harassment charge to be dismissed, alleging the Sheriff’s Office worked with immigration officials in violation of state laws.

“The fact that ICE was waiting for [Madsen’s client] while he was on his way to court, clearly showed that someone shared this information,” Madsen wrote in his motion to dismiss the case.

He’s also filed a subpoena for more information from the Sheriff’s Office.

“All we really were asking for was a day in court, a fair trial, to where we could suss out what's actually going on. But that is no longer an option for us,” Madsen said.

Video of his client being arrested by immigration officials last week, while en route to the court, has now gone viral.

“We can say, we did not violate the Keep Washington Working Act,” said Corporal Mark Gregory with the Spokane County Sheriff’s Office.

Court documents state that Spokane Sheriff's investigators were allegedly communicating with federal agencies who have been deputized to enforce immigration laws. Those agencies were communicating to learn about the immigration status of Madsen’s client. This was a red flag for Madsen, who doesn’t see why immigration status had anything to do with a harassment charge.

“We thought there was something fishy going on with the underlying allegations in this case,” he said.

RELATED: Trump Tracker — Washington state's legal challenges to the Trump administration

The state’s Keep Washington Working Act, largely prohibits local law enforcement from asking about a person's immigration status, or holding someone for immigration agents. The law, however, does allow local officers to work with federal immigration officials in certain instances, such as taking down a human or drug trafficking ring, or if a person lands in state prison.

The Washington Courts for All Act limits courts from sharing or receiving a person’s citizenship status from federal immigration authorities.

The day after Madsen filed his motion to dismiss the case, the Sheriff’s Office also published a subsequent report attempting to connect Madsen’s client to another man, with a similar last name, arrested in violation of an alien possession of a firearm and possession of a controlled substance. That man was ordered to be released on his own recognizance following his Spokane County Superior Court hearing, according to the Sheriff’s Office.

“Also, Sheriff [John] Nowels wants to remind those who appear ‘outraged’ by this, these men are accused of committing very serious crimes in our community in violation of Washington State Law,” Corporal Gregory said.

The Spokane County Sheriff’s Office wouldn’t clarify the connection between Madsen’s client or the recent arrest, citing that it’s an ongoing investigation. A family member of Madsen’s client said they don’t know who the man is.

Madsen’s client is currently held in the Northwest ICE Processing Center in Tacoma. He has not been convicted, and is unable to attend a potential future court date.

RELATED: WA AG sues Adams County for cooperating with immigration enforcement beyond what state laws allow

Court documents state that in December, Madsen’s client was with a group of men, allegedly with a firearm present. That group allegedly confronted another man. A family member of Madsen’s client said it was related to a love triangle.

No weapons related to initial police reports were found at Madsen’s client’s home.

In announcing the arrest of Madsen’s client, ICE suspected Tren de Aragua ties, a gang originating in Venezuela. It has since been labeled a terrorist organization by President Trump Saturday, when he enacted the Alien Enemies Act in an executive order to speed up arrests and deportations of gang members in the U.S. In court documents, the Spokane County Sheriff’s Officers allege tattoos of dates, roses, song lyrics, and others establish a potential connection to the Venezuelan gang.

According to a family member, the tattoos on Madsen’s client, who is from Nicaragua, are birth and death dates of a loved one. The family member said that reports have failed to mention the rose tattoo also included the name of a close relative.

“When fear and suspicion are allowed to trump evidence and the rule of law, it is not just the [Madsen’s client, and others like him] who suffers. We all suffer. We all are chained by bear, intolerance, and injustice,” wrote Madsen in the conclusion of his motion to dismiss the case.