Washington State's Sanctuary Policies: Understanding the "Keep Washington Working Act"
Exploring the legislative framework that defines Washington's unique position on immigration enforcement and local law enforcement cooperation
every industry needs a leader
•
empower the leader in you
•
every industry needs a leader • empower the leader in you •
Washington State has indeed adopted policies that align with the concept of "sanctuary" jurisdictions, though the term itself can be subject to varying interpretations. Rather than a patchwork of isolated city ordinances, Washington's approach is largely codified at the statewide level through legislation designed to limit the involvement of local and state law enforcement in federal civil immigration enforcement.
The "Keep Washington Working Act"
The cornerstone of Washington's sanctuary-like policies is the Keep Washington Working Act, enacted in 2019. This state law significantly restricts the extent to which local law enforcement agencies can participate in federal immigration enforcement actions. Key provisions of the Act include:
Prohibition on Inquiry into Immigration Status: State and local law enforcement agencies are generally prohibited from inquiring into or collecting information about an individual's immigration or citizenship status, unless there is a direct connection to an investigation into a state or local criminal law violation.
Restrictions on Detainment for Immigration Purposes: The Act prohibits individuals from being detained solely for the purpose of determining immigration status or based solely on a civil immigration warrant or hold request. Local jails cannot be used for immigrant detention for civil immigration violations.
No 287(g) Agreements: Washington law explicitly forbids state and local law enforcement from entering into agreements with federal authorities, such as the 287(g) program, which would deputize local officers to enforce federal immigration law.
Limits on Information Sharing: The law restricts the sharing of personal information with federal immigration authorities for enforcement purposes without a court order or judicial warrant.
Consent for Interviews: If federal immigration authorities seek to interview an individual in state or local custody, the individual must provide written consent after being fully informed of their rights, including the right to decline an interview or have an attorney present.
These provisions aim to create a clear separation between state and local policing and federal civil immigration enforcement, fostering trust between immigrant communities and local law enforcement.
Impact and Interpretation
The Keep Washington Working Act has been met with both support and opposition. Proponents argue that these policies enhance public safety by encouraging immigrant communities to report crimes and cooperate with local police without fear of deportation. They also assert that immigration enforcement is a federal responsibility and that local resources should be focused on local crime.
Conversely, critics argue that such policies hinder federal immigration efforts and may endanger public safety by allowing individuals suspected of immigration violations to be released. Some federal officials have expressed concern that these laws impede information sharing crucial for national security and public safety.
While the Act defines Washington as a "sanctuary state" in practice, it's important to understand that it does not prevent federal Immigration and Customs Enforcement (ICE) officials from conducting arrests or raids independently within the state. It primarily limits the involvement and cooperation of state and local entities in those federal actions. The implementation of the law has seen some variations among local sheriffs' offices, though the majority have indicated they will adhere to the state's mandate.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
