The Ninth Circuit Court of Appeals has confirmed a district court ruling that allows the U. S. government to deport individuals living in the country illegally. This decision follows a challenge from King County, Washington, which was prompted by an April 2019 executive order from King County Executive Dow Constantine. This order aimed to stop the support of U. S. Immigration and Customs Enforcement (ICE) charter flights from King County International Airport near Seattle, preventing the transportation and deportation of ICE detainees.
The U. S. Department of Justice (DOJ) filed a lawsuit in February 2020, claiming that Constantine’s order unlawfully hindered federal immigration enforcement. They argued that it violated the Supremacy Clause and an agreement from World War II that gave the federal government certain rights at the airport. The Trump administration sought a permanent ban on the order, which the district court granted, stating that the order discriminated against ICE contractors and breached the agreement.
King County, identifying as a "sanctuary county," appealed the decision, promoting inclusivity and opposing discrimination. However, the appellate court, led by Judge Daniel Bress and supported by Judges Michael Hawkins and Richard Clifton, found Constantine’s arguments to be ideological. The court concluded that the order violated the Supremacy Clause and the Instrument of Transfer and imposed unfair burdens on federal operations.
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