This Feb. 23, 2018, file photo shows cranes from the Port of Seattle in the background and airplanes parked at a Boeing facility at Boeing Field in Seattle. The U.S. Department of Justice filed a federal lawsuit Monday, Feb. 10, 2020, against King County seeking to overturn the county’s ban on all immigration deportation flights at the airport. (Ted S. Warren/The Associated Press file)

This Feb. 23, 2018, file photo shows cranes from the Port of Seattle in the background and airplanes parked at a Boeing facility at Boeing Field in Seattle. The U.S. Department of Justice filed a federal lawsuit Monday, Feb. 10, 2020, against King County seeking to overturn the county’s ban on all immigration deportation flights at the airport. (Ted S. Warren/The Associated Press file)

Justice department sues King County over ban at Boeing Field

Immigration deportation flights barred at facility

  • Wednesday, February 12, 2020 6:15am
  • News

By Martha Bellisle

The Associated Press

SEATTLE — The U.S. Department of Justice has filed a federal lawsuit against King County seeking to overturn the county’s ban on all immigration deportation flights at Boeing Field in Seattle.

“Counties don’t have any role in immigration law,” U.S. Attorney Brian Moran said during a press conference Monday.

After King County Executive Dow Constantine directed the airport to change its practices last year, immigration officials were forced to transport detainees to and from the Yakima airport via bus, which placed the detainees and ICE agents at risk, Moran said.

Yakima is about 140 miles southeast of Seattle.

Boeing Field, officially known as King County International Airport and owned and operated by the county, is just south of downtown Seattle.

Aerospace giant Boeing has facilities at the airport and there are some commercial flights as well.

Constantine said in a statement Monday that it was “no surprise that Trump and Barr are bullying King County for being a welcoming community that respects the rights of all people.”

He said the county was working with the Federal Aviation Administration to resolve issues about use of the Seattle airport.

The Justice Department chose to sue, Constantine said, rather than working with Congress to pass immigration reform.

In announcing the change in policy in April 2019, Constantine said, “We are a welcoming community that respects the rights of all people.

“We do not want to see our publicly owned airport used for the wholesale deportation of immigrant detainees,” Constantine said when he announced the change.

Moran said that change violated the agreement the county signed to gain ownership of the airport, in addition to violating the law.

“King County doesn’t get to pick and choose which federal laws it wants to follow,” Moran said. “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.”

U.S. Attorney Bill Hyslop of the Eastern District of Washington said the people who were apprehended pose a risk to the safety of the community or have returned “time and time again” and are here illegally.

“We don’t refuse to send a criminal defendant to another state to face charges — neither should we fail to return illegal aliens to their country of origin if they have committed crimes that make them inadmissible to the United States and a danger to our communities,” Hyslop said.

The lawsuit filed in U.S. District Court in Seattle seeks a declaration invalidating and permanently stopping the enforcement of the Boeing Field policy.

The suit said it violates the Airline Deregulation Act and the Supremacy Clause of the Constitution “by obstructing and burdening federal activities.”

In a related move, U.S. Attorney General William Barr said Monday the Trump administration is suing the state of New Jersey, declaring that law enforcement officers are being “put in harm’s way by these ideologically driven policies.”

The Justice Department said New Jersey is violating federal law by prohibiting state and local law enforcement from sharing information about inmates in the U.S. illegally.

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