Ninth Circuit’s court ruled Seattle’s King County cannot block U.S. Immigration and Customs Enforcement (ICE) from using Boeing Field

A federal appeals court has ruled that Seattle’s King County cannot block U.S. Immigration and Customs Enforcement (ICE) from using the county-owned Boeing Field for deportation flights. The decision, made by a three-judge panel of the 9th U.S. Circuit Court of Appeals, upholds a similar ruling made by a district-level federal court last year.

Background
In 2019, King County Executive Dow Constantine issued an executive order attempting to block ICE from using Boeing Field for deportation flights, citing concerns about human rights abuses. The order targeted private companies that fuel and maintain planes at the airport, prohibiting them from servicing deportation flights. However, ICE resumed using Boeing Field for deportations in May 2023, following a district court ruling that overturned Constantine’s order.

Court Decision
The appeals court ruled that King County’s executive order discriminated against the federal government by singling it out for unfavorable treatment. The court also found that the county violated the terms of the agreement under which it reacquired Boeing Field from the federal government in 1948. The agreement included a condition that the U.S. and its agents have the right to use the airport without charge.

Impact
The decision allows ICE to continue using Boeing Field for deportation flights. Since May 2023, there have been 79 such flights, including 45 so far this year. King County has stated that it will not further appeal the case.

Reactions
Amy Enbysk, a spokesperson for King County Executive Dow Constantine, said, “The Ninth Circuit’s decision allows a raw assertion of federal power to overcome an expression of local values even absent any actual impact.” However, the county has agreed to follow the court’s decision.

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