The 9th U.S. Circuit Court of Appeals ruled Friday that U.S. Immigration and Customs Enforcement (ICE) can continue using Boeing Field in Seattle for deportation flights, dismissing a 2019 King County executive order aimed at halting such operations.
Background of the Controversy
The dispute began in 2019 when King County Executive Dow Constantine issued an executive order prohibiting the use of the county-owned airport for chartered deportation flights. The move aligned with Seattle’s broader resistance to then-President Donald Trump’s immigration policies.
Constantine’s order expressed concerns that deportation flights could involve human rights abuses and banned future leases at the airport from supporting such operations. ICE, in response, shifted its deportation flights to Yakima Airport, a much farther distance from its Northwest detention center in Tacoma.
Federal Government Challenges the Order
In 2020, the U.S. government sued King County, arguing that the 2019 order unfairly targeted ICE and violated a World War II-era contract granting the federal government access to the airport.
In 2022, U.S. District Judge Robert J. Bryan sided with the federal government, leading Constantine to issue a revised order early in 2023. The updated order allowed deportation flights to resume but limited county resources supporting them to the minimum required by federal law.
Current Status and Court Ruling
Deportation flights from Boeing Field resumed by May 2023. The appeals court panel upheld Judge Bryan’s ruling, stating that the initial order improperly interfered with federal immigration operations.
“The Executive Order effectively grants King County the ‘power to control’ ICE’s transportation and deportation operations,” wrote Judge Daniel A. Bress for the 9th Circuit panel, emphasizing that local restrictions cannot override federal authority.
King County’s Response
King County announced it would not appeal the ruling further. Amy Enbysk, a spokeswoman for the King County Executive’s Office, expressed disappointment with the decision. “Although King County disagrees with the court’s decision, it will of course follow the court’s dictates,” she said.
The revised executive order now emphasizes transparency by requiring public logs of deportation flights and providing a video feed for public observation of such operations at the airport.
