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07/16/2019 14 Update of ICE Flights
1 ti i..asxntntj kd g$Ag f aY ae.. x°'naa.x,,4n BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 14. For Meeting of: July 16, 2019 ITEM TITLE: Update on ICE flights SUBMITTED BY: Cliff Moore, City Manager SUMMARY EXPLANATION: At the July 2, 2019 City Council meeting, Council directed staff to provide documents related to ma ICE flights and the use of Yaki Air Terminal for these flights fora discussion on the July 16 City Council agenda. The following documents are attached per Council's request. 1. Statement on ICE Flights: Staff developed this statement when it learned that ICE was intending to use Yakima's airport. 2. King County Conversation: This is a report of the conversation the city manager had on June 4 with King County Deputy Executive Rachel Smith. 3. ICE Flight log: This is a document staff started on May 7 which is updated after every flight. 4. SB 5497: This is a review of the requirements of SB 5497, passed by the legislature in the 2019 session and signed by Governor I nslee as the session closed. This bill has been referenced by several members of the public at recent Council meetings. 5. King County Executive Order re ICE: This is the April 23, 2019 Executive order signed by Dow Constantine. 6. US DOT Response to King County: This is the response sent to King County after the Executive Order. On July 3, 2019, the city manager spoke with Geoffrey White, ICE Supervisory Detention and Deportation Officer based here in Yakima. He asked the question about the possibility of ICE using Joint Base Lewis-McCord rather than Yakima. Mr. White's response was that he would have to "kick that upstairs" for a response. He said he would do so and follow up. On May 7, as the first ICE flight came into Yakima, city manager asked Mr. White this same question and his response at the time was "We considered all options before selecting Yakima".Although this possibility has been raised in public comment and general community discussion subsequently, ICE has never suggested this option might be possible. ITEM BUDGETED: STRATEGIC PRIORITY: 2 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D StHternent un ICE flights 713/2019 Cover Men iu D King County conversation 7/8/2019 Curer Menlo U ice flights Icy 7/8/2019 Griner Menlo DSB 5497 7/3/2019 Griner Memo King County executive order 7/3/2019 liner Menlo D U5 DOT response tu King amity 7/3/2019 Co‘er Menlo 3 tz„4440 .41;\ A 114' I'it 3.•"'i ( City of Yakima Statement re: ICE detainee flights at Yakima Air Terminal/McAllister Field The City of Yakima has been informed by U.S. Immigration and Customs Enforcement (ICE) officials that private charter flights involving ICE detainees will utilize the Yakima Air Terminal/McAllister Field (the Yakima airport) while ICE works to resolve issues that are currently preventing the flights at Boeing Field. The City has reviewed its contractual agreements with the Federal Aviation Administration (FAA) and the fixed-base operator(FBO) at the Yakima airport, McCormick Air Center, as well as correspondence from the U.S. Department of Transportation general counsel's office to King County Executive Dow Constantine (King County owns Boeing Field). Based on that review, the City has concluded that federal law and the City's contractual agreements with the FAA and the Yakima airport FBO require that flights such as those involving ICE detainees be allowed to utilize the Yakima airport once all proper notification protocols are properly followed. The acting Seattle field office director for ICE Enforcement and Removal Operations (ERO), Brian Wilcox, told Yakima City Manager Cliff Moore that efforts are currently underway to restore ICE detainee flights to Boeing Field. Mr. Wilcox indicated to the city manager that ICE detainee flights will be utilizing the Yakima airport periodically, but that the frequency of flights will be based on the Seattle ICE ERO's needs rather than according to a specific schedule. Airport protocols require an air carrier to provide not less than 24- hour prior notice to the Yakima airport administration office of any flight planning to utilize the Yakima airport. Some concern has been expressed locally that ICE activities in the Yakima area may increase because ICE detainee flights are utilizing the Yakima airport. Mr. Wilcox has assured the city manager that the ICE detainee flights are not connected to other ICE enforcement activities. Mr. Wilcox told the city manager that ICE enforcement activities in the Yakima area would not be increased simply because the ICE detainee flights are utilizing the Yakima airport. The City will continue to comply with federal law and meet its contractual obligations to the FAA and the Yakima airport FBO with regard to ICE detainee flights utilizing the Yakima airport. Doing otherwise could place the City in jeopardy of losing critical FAA funding (more than $19 million since 2010) used to improve the safety and operational readiness of the Yakima airport, put the City in conflict with federal law, and violate other contractual obligations of the City. 4 MEMORANDUM To: Yakima City Council From: Cliff Moore, Yakima City Manager Date: June 4, 2019 Subject: Conversation with King County Deputy Executive regarding ICE Council, On June 3, 2019, I had a telephone conversation with King County Deputy Executive Rachel Smith regarding the April 23, 2019 Executive Order issued by Executive Dow Constantine titled: King County International Airport—Prohibition on immigrant deportation; and the US Department of Transportation response letter dated May 1, 2019. Ms. Smith reported that King County had been only tangentially aware that ICE was using Boeing field as a transfer site and it wasn't until a professor at the University of Washington got access to an ICE data base in 2018, which documented the full scope of the operation, that King County decided to act. According to Ms. Smith, the language of the order was carefully chosen to avoid a violation of FBO contract language or the federal assurance grant agreement. She noted that the order does not require the FBOs to withhold services to ICE charters; rather, that was a decision made independently by the FBOs. Ms. Smith pointed specifically to Section 3 of the resolution as part of the approach King County was taking with FBOs. Like Yakima,the FBO contracts are long- term. However, she did say that while the contract end date may be decades out, they are in a "constant state of renegotiating"with the FBO on space, schedules and access to facilities. As a result, the FBOs likely did feel pressure from the order, resulting in the position they took to not provide services to the ICE charters. Ms. Smith stated that King County was not planning to respond to the May 1, 2019 letter from the US Department of Transportation and she asserted that King County does not feel that they are in danger of becoming ineligible for future FAA grants, nor do they expect to have to pay back previous grants. 5 MEMORANDUM To: Yakima City Council From: Cliff Moore, Yakima City Manager Date: July 3, 2019 (Note: This document is updated after each ICE flight) Subject: ICE flight using Yakima Airport Council, On May 6 we learned that ICE would using the Yakima airport for detainee transfers while they attempt to "normalize"their relationship with King County. Flights began arriving on May 7. The flights to date have all originated in the US southwest and all flights have been met by busses coming from the federal detention center in Tacoma. In most cases, there are individuals arriving on the buses that get transferred to the plane and individuals on the plane that get transferred to the plane. In some cases,the buses or the plane arrive empty and take on detainees from the opposite conveyance. ICE has stated that when the planes depart,they are bound for another destination in the US southwest. We have heard El Paso, Texas; Las Vegas, Nevada and Mesa, Arizona. ICE has told the City that all of the detainees being transported are 18 years of age or older. From observing the flights, it appears that approximately 30% of the detainees are women, the rest are men. Most appear to be in their 20s or 30s, but there have been individuals who appear much older. ICE has said that the individuals who are bound for the detention center in Tacoma are asylum seekers whose case is still pending adjudication. Apparently they will wait for a hearing at the detention center. ICE reports that those induvials boarding the plane for a southwest US destination have had an asylum hearing and their application has been denied; these individuals will be processed for deportation. We have been told that all the individuals being deported will be returned to their country of origin. ICE says that some of these individuals have been "convicted of serious crimes in the US or their home country, or are suspected of committing serious crimes in their home country." Those individuals in this category will be flown to a destination in their home country and turned over to the custody of local officials. At least some Mexican nationals who are being deported will be walked across the border into the Mexican port of entry in Juarez and then either set free or turned over to the custody of Mexican officials, ICE would not say what the exact process would be. Mr. Bryan Wilcox,the Acting Director of the Regional ICE Enforcement and Removal operation, based in Seattle, stated that ICE using the airport in Yakima did not mean we should expect additional ICE enforcement activities in the Yakima Valley. "They are completely different operations"he said. ICE has been providing the required 24 hour notice for flights. 6 May 7: Flight arrived with 40 individuals who were transferred to buses. The buses carried 92 individuals who boarded the plane. May 12: Flight arrived with 100 individuals who were transferred to buses. The buses arrived with nobody on board. May 14: Flight arrived with 4 individuals who were transferred to a bus. The buses arrived with 78 individuals who boarded the plane. May 18: Flight arrived with 34 individuals who boarded the buses. The buses arrived with nobody on board. May 21: Flight arrived with 40 individuals who boarded the buses. Buses arrived with 6lindividuals who boarded the plane. May 26: Flight arrived with 50 individuals who boarded the buses. The buses arrived with nobody on board. May 28: Flight arrived with nobody on board. Buses arrived with 60 individuals who boarded the plane. June 4: Flight arrived with 76 individuals who boarded the buses. Buses arrived with 40 individuals who boarded the plane. June 11: Flight arrived with 50 individuals who arrived from Mesa, AZ and boarded the buses. The buses arrived with 77 departing to Las Vegas, NV. June 16: Flight arrived with 61 individuals who arrived from Houston, TX. The plane left empty. June 18: Flight arrived empty from Mesa, AZ. Buses arrived with 88 individuals who boarded the plane for Las Vegas, NV. June 22: Flight arrived with 92 passengers from Denver, CO. The plane departed to Mesa, AZ empty. June 25: Flight arrived from Mesa, AZ empty. The plane departed to Las Vegas, NV with 73 passengers. July 2: Flight arrived from Mesa, AZ with 52 passengers. The plane departed to Las Vegas, NV with 81 passengers. .4. 7 Comments To Enactment Of Senate Bill 5497 (The Act) After reviewing Senate Bill 5497, recently signed by Governor Inslee as an emergency act that takes place immediately, and following discussion with Legal Department staff regarding the Act's mandates as they may apply to current practices of the City, we have reached the following preliminary conclusions that we felt you should be aware of. The Act directs the State AG to develop model policies to address the Act's mandates. The policies must be developed over the next 12 months, so we will have time to watch this progress and evaluate potential impacts to the City's practices. The greatest effects the Act would appear to have for the City pertain to the City's ability to apply for and receive federal grant funds and to enter federal contracts that benefit the City, the latter primarily as they apply to cooperative law enforcement efforts. With respect to City contracts potentially affected by the Act, the City will be assessing all federal grants and contracts that currently exist or that the City is preparing to apply for to determine whether the Act's requirements conflict with specific terms and obligations associated with the federal agreements that the City is obligated to comply with. The Act specifically addresses the intent that state and local agencies, in following the direction provided by the Act, shall maintain compliance with all state and federal laws and lawful court orders. Some of the federal contracts the City currently is party to include, but are likely not limited to, the following areas: Airport FAA grant agreements Transit grant agreements Federal Highways grants for road development HUD funding grants Law Enforcement federal grants and cooperative agency contracts We will be thoroughly reviewing these existing agreements as well as investigating any other federal commitments the City may have or be applying to receive to determine whether and to what degree the City's compliance with the federal requirements may be impacted. The most direct effects the Act appears to involve pertain to law enforcement. To date the City has taken a number of steps, at Council's direction, to address many of the requirements imposed by the Act on law enforcement operations, by both the police officers and the City jail staff. We will continue to review procedures being used in both areas to ensure compliance with the Act's directives. We are aware that there are a couple of areas, particularly with respect to jail procedures, to ensure compliance with the Act. Those particular areas include: Federal interviews conducted with jail detainees within the jail premises. The City will need to create a consent form consistent with the Act's direction that will advise prospective interviewees of their right to refuse the interview if they do not consent to an interview taking place. The City will also need to begin advising inmates prior to requesting foreign national status for consular notification. We will also review the contracts we have with federal agencies associated with the violent crimes task force to ensure compliance with the terms of the Act. Because the primary focus of these cooperative arrangements is targeting violent offenders the 8 activities of the cooperative effort should not conflict with the direction of the Act, but insofar as immigration enforcement is one of the methods utilized in dealing with violent offenders more review of the specific actions taken by YPD officers involved will be carefully reviewed. To recap, while investigation of compliance with the Act's direction is ongoing, it does not appear at this time that the City's operations significantly deviate from the requirements stated therein. Once the Model Rules have been prepared by the Attorney General we will have a better idea of more specific requirements the City may need to address. Those rules will be drafted within the next 12 months, allowing time for the City to prepare for any issues that they may raise with existing agreements and procedures. It is important to be aware that throughout the Act there are numerous advisories that local agencies are to remain in compliance with both state and federal laws while responding to the direction given in the Act. Specifically, in paragraph 16 of Section 6, the Act states: Nothing in this section prohibits the collection, use, or disclosure of information that is (a) required to comply with state or federal law; or (b) in response to a lawfully issued court order. Section 8 provides that "[n]o section of this act is intended to limit or prohibit any state or local agency or officer from: (1) Sending to, or receiving from, federal immigration authorities the citizenship or immigration status of a person, or maintaining such information, or exchanging the citizenship or immigration status of an individual with any other federal, state, or local government agency, in accordance with 8 U.S.C. Sec. 1373; or(2) Complying with any other state or federal law." Section 9 further provides that "[i]f any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." The latter section appears to be directed at the state's receipt of funds. This will have to be more thoroughly reviewed to determine if and how local agencies and governments may be included in this direction. At this point, the City does need to more thoroughly review and, if necessary, address a couple of areas of potential concern regarding the law enforcement and jail issues described. We do not anticipate at this point there being any significant impacts of the Act on the present City operations but we shall continue to investigate the impact potentials and monitor the contracts, grants and agreements the City has with federal agencies to identify and address any issues that may become evident. ~ n . Document Code Nm`: PFC'7-1-EO Title: King County International Airport—Prohibition on immigrant deportations Keywords: Airport, Immigrant, Prohibition onDeportations, Immigration and Customs Enforcement Sponsoring Agency: County Executive Office LQ King w County �� PREAMBLE. King County proudly upholds the fundamental, self-evident truth announced at our nation's founding: that all people are created equal, while embracing the basic American value that we are a nation of opportunity for all. |rnnlignanto and refugees are welcome in King Counh/, and our region has acted decisively to become more ino|uaive, removing barriers to mffonjeWo housing, transit, hea|th, economic opportunity and p,onnnUn0 strong childhood development for everyone. King County continues to uphold the same values and move forward with effective actions that set our region apart as a leader in protecting the rights ofall people in our communities, and continues to not tolerate dimchmination, honsournent' expressions of hate, or any behavior intended to promote fear, intimidation, or isolation. WHEREAS, effective policies have been put in place to guarantee that King County does not partner nor collaborate with the United States Immigration and Customs Enforcement, demonstrated by King County's refusal to honor Immigration and Customs Enforcement detention detaineravxithout a valid court order with nsQand to its correctional facilities; WHEREAS, King County International Airport is not party to any contracts with |nnnnigrmdon and Customs Enforcement, or any other government agency involved in the deportation of immigration detainees, In 2018, King County became aware that aircraft operated by charter operators were providing services to Immigration and Customs Enforcement at the airport and using King County International Airport aoa location for transportation of immigration detainees. At the direction of the King County Exmoutixe, King County supported the efforts of interested advocacy groups in the community and began formulating a response to the issues raised by these troubling immigration practices; WHEREAS, Immigration and Customs Enforcement uses airports across the United Stotaa, and charters flights tu transport immigration detainees; 8VHEREAS, none of the charter operators who conduct operations for Immigration and Customs Enforcement has been specifically authorized toconduct business at. orhane }manetocondu/t g business at, King County International Airport; WHEREAS, recent research has documented that the use of King County International Airport as a location for the transportation of detainees could lead to human rights abuses and violations in contravention of the policies and ordinances of King County and international treaty obligations concerning human rights; VVNEREAS, the use of King County International Airport in this manner is inconsistent with the Countyoub|igationtonperatetheairportinmnafeandaMinientnoannerfora|| persons. nntjunt oitizenu, and further use of King County International Airport in this manner would be detrimental ~ 10 Document Code No`: PFC-7'1-EO Title: King County International Airport—Prohibition on immigrant deportations Page 2of3 to the public welfare and could adversely affect the willingness or ability of other persons to use, or engage in businesses at, King County International Airport with a negative effect on the financial eueteinmbi|Ky of King County International Airpo�� WHEREAS, because deportations raise deeply troubling human rights concerns which are inconsistent with the values of King County, including separations of families, increases of racial disproportionality in policing, deportations of people into unsafe situations in other oountheo, and constitutional concerns of due process, King County aheU take sffirrnmtive steps to bring transparency and accountability to the business practices of its airport businesses regarding the use of the facilities for deportation flights. NOW. THEREFORE. |. Dow Constantine, King County Executive do hereby order and direct: King County International Airport shall not support the transportation and deportation of immigration detainees in the custody of Immigration and Customs Enforcement, either traveling wiffn or arriving or departing the United States or its territories. King County shall adhere to any rulings or orders of any court of competent jurisdiction in carrying out the directives provided herein. The Department of Executive Services shall coordinate with King County International Airport and the Facilities Management Division tu take the following action: 1. Take appropriate mct|onm, consistent with the County'a federal ob|igsdinno, to minimize County cooperation with, facilitation of, and permission for, operations associated with transportation of immigration detainees. 2. Work with our Congressional delegation to change the law to address the deportation practices that give rise tu abuses of human and civil rights. 3. Ensure that all future leases, operating permits and other authorizations for commercial activity at King County International Airport contain o prohibition against providing aeronautical or non-aeronautical services to enterprises engaged in the business of deporting immigration detainees (except for federal government aircraft), to the maximum extent permitted by applicable law. 4. Develop procedures for exercising King County's rights under existing leases at King County International Airport to ensure strict lessee compliance with applicable laws, ordinances, rules, regulations and policies of King County regarding human trafficking and the servicing nf any aircraft engaged in the business of deportation ofimmigration detainees, including, without limitation King County Code Chapter 2.15 and this Executive Order, 5. Revise and formally adopt the King County International Airport Minimum Standards and develop other rules and regulations as needed to require operating permits for charter carriers, and create reporting responsibilities and audit procedures, with nmapaut to human trafficking and immigration detainee deportation activities, for King County International Airport lessees involved in the provision of aeronautical services. 11 Document Code No.: PFC-7-1-EO Title: King County International Airport—Prohibition on immigrant deportations Page 3 of 3 6. Revise and formally adopt amendments to existing rules and regulations and King County Code Title 15 in a manner consistent with King County Code Chapter 2.15 and this Executive Order. 7. Work with King County International Airport and the Facilities Management Division to study the feasibility of installing security cameras in the vicinity of the airfield and adjacent aprons and ramps. 8. Prepare updates on a quarterly basis detailing the progress of implementing the policies provided herein. 23 Dated and effective this day of —A Dow Constantine King County Executive Attest: rrn Aiberg Director, Record and Licensing Services Division, Department of Executive Services 12..-- U.S. Department of Transportation Generat Counsel 1200 New Jersey Ave., S.E, Washington, D.C.. 20590 Office of the Secretary of Transportation MAY 01 2019 Dow Constantine King County Executive 401 Fifth Avenue, Suite 800 Seattle, Washington 98104 Re: King County International Airport Restrictions on Certain Air Carrier Services Dear Mr. Constantine: It has come to my attention that on April 23,2019, your office issued an executive order(the Order) relating to King County International Airport(the Airport), a publicly owned and. federally funded airfield located in Seattle, Washington. The Order(a copy of which is attached to this letter) purports to require the Airport to restrict or prevent licensed air carriers from providing specified air transportation services to the United States. The U.S. Department of Transportation is responsible for administering Federal laws relating to the operation of air carriers and airports. I am writing today to alert you to the requirements of Federal law and to seek your cooperation in ensuring that the County and the Airport comply with all applicable Federal legal obligations. A central provision of the Order appears to direct the Airport to take actions that would prohibit air carriers and other entities from "providing aeronautical or non-aeronautical services to enterprises engaged in the business of deporting immigration detainees." Federal law expressly prohibits the enforcement of any such directive. Through the Airline Deregulation Act of 1978 (the ADA), Congress has foreclosed State and local governments from regulating the types of services that may be provided by licensed air carriers. The ADA contains an express preemption provision declaring that subject to certain narrow exceptions not relevant here, no State or local government may enact or enforce any law, regulation,or other provision having the force and effect of law related to a price, route or service of an air carrier." 49 U.S.C, § 41713(b)(1). The Supreme Court has affirmed that this provision "express[esj a broad pre-emptive purpose" and forecloses all State and local edicts that purport to place restrictions on a price, route, or service of an air carrier, even if such effect"is only indirect." Morales v. Trans World Airlines, 504 U.S. 374, 383, 386 (1992). Section 41713(b)(1) specifically bars local governments from prohibiting or restricting particular types of air transportation. .Arapahoe Oy, Pub. Auth. v, FAA, 242 F.3d 1213, 1222 (10th Cir. 2001) (applying Section 41.713(b)(1) to strike down a local ban on scheduled passenger air service). In addition, airports that receive Federal grant funding from the Federal Aviation Administration (the FAA) must comply with several enumerated grant obligations that are binding on the grantee airports as a matter of Federal law. As you know, the Airport has received more than 13 County Executive Constantine Page 2 $21 million in Federal Airport Improvement Program grants from the FAA since 2012, including more than $2.5 million in Fiscal Year 2018 alone. See https://wvvw.faa.govlairportsiaip/grant_ histories/media/FY2018-AIF-grants.pdf Like all other grant-obligated airports, the Airport must be available for public use on reasonable conditions and without unjust economic discrimination. 49 U.S.C. § 47107(a)(1); FAA Grant Assurance 22.a. Similarly, as a recipient of Federal grants, the Airport must "make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff ofaireraft to the United States for use by Government aircraft in common with other aircraft at all times." See 49 IJ.S.C. § 47107(a)(11); 41 CFR § I 02-33.20; FAA Grant Assurance 27. Failure to abide by these and other Federal grant obligations may result in the withholding of Federal AIP funding from the Airport. See 49 U.S.C. §§ 47106 and 47111. I note that the Order contains the important caveat that the Airport and other municipal officials should only take actions "consistent with the County's federal obligations" and"to the maximum extent petinitted by applicable law." As described above, central provisions of the Order appear to be prohibited by 49 TJ.S.C. § 41713(h)(1) and could cause the Airport to violate its obligations as a Federal grantee. Therefore, I encourage you to revisit the Order to ensure that the County and the Airport remain in compliance with Federal law. Thank you for your prompt attention to these issues. Very truly yours, Steven G. Bradbury General Counsel U.S. Department of Transportation Attachment cc: John Parrott, Director, King County International Airport Distributed at the, Meeting1�/(o�9 i)Lf Immigrant Deportation Flights from Yakima Airport Kay Funk, Yakima City Council June 16, 2019 In the Yakima Valley, our agricultural economy depends on low-wage workers, many of them are immigrant workers, and some are undocumented immigrant workers. The difficult circumstances under which these critical workers labor and live has been recognized for many decades, whether they are people of color, or US-born Dust Bowl refugees. Our growers struggle with the market economy in the wage competition for workforce, and price expectations of consumers. The failure of legislative efforts, often bipartisan, to achieve comprehensive immigration reform, and tariffs on international exports have further challenged tenuous profit margins, increasing difficulties for both growers and workers'. Increasingly aggressive deportations of undocumented immigrants by Immigration and Customs Enforcement are causing severe hardship. Many of these individuals have been stable, taxpaying workers in our economy for decades. Deportation enforcement no longer prioritizes criminals, but sweeps up individuals randomly and disparately impacts women. Deportation enforcement has also ensnared US citizens with racial profiling, family separation, and threats to their loved ones. Surely we can agree that stable and valued contributors to our economy should not be treated in the same manner as violent criminals2. The ICE flights passing through the Yakima Airport, and transporting immigrants to detention and deportation, are the most visible face of this unfair and inhumane treatment, and I believe our city should make an effort to resist these flights. The King County executive order is an excellent model of action for Yakima. It begins with a statement of purpose, and continues with a plan to stop renewal of contracts that accommodate ICE flights. After this executive order was issued, it was actually the private decisions of vendors of ground based flight services ("Fixed Base Operators") which stopped the use of Boeing Field for ICE flights'. The King County order includes caveats regarding lawfulness, specifically stating that "King County shall adhere to any rulings or orders of any court of competent jurisdiction in carrying out the directives provided herein." Yakima could make a similar declaration. Whether it would stop the flights using the Yakima airport, we don't know. It is not our responsibility to plan an alternative, but the airfield at Lewis-McCord should now be available, and is closer to the ' A GROWING DEMAND- Yakima Valley farmers endure strain as immigration reform remains out of reach. MAI HOANG, Yakima Herald-Republic. Jul 7, 2019 httos://www.yakimaherald.com/news/local/yakima-valley farmers-endure-strain-as-immigration=reform=re mains-out/article cb36fe21-1f68-5e37-91ca-7efa35591108.html Z Our tax money is funding human rights violations. ESTHER J. CEPEDA Posted in Yakima Herald-Republic. Jul 6, 2019 httos://www.yakimaherald.com/opinion/columnists/our-tax-money-is-funding-human-rights-violations/arficl e d819e4d9-39e0-5814-a7bb-4c63d8f5d35c.html King County International Airport-Prohibition on Immigrant Deportations (PFC-7-1 EO) King County Executive's Office. April 23, 2019 httos:/Nvww.kinpcounty.gov/about/policies/executive/PFCeo/PFC71 EO:asox • Tacoma detention facility. I certainly recognize that if deportations merely move from Yakima to the west side, the humanitarian issue is not significantly impacted. However, it is entirely appropriate for the City of Yakima to support the concerns of our Hispanic citizens and our agricultural industry. The question has been raised whether this is a "political statement against the Trump administration". Certainly, it is, and it is important for government "by the people" to express multiple opinions. Debate over the legality of actions by the Trump administration is very complex. Immigration law did not change between the Obama and Trump administrations; presidential executive orders changed. The lawfulness of those orders in both administrations has been debated. Our Constitution created a system of"checks and balances" between three branches of government. The intention and effect is that the law should not change capriciously between elections. Now the executive and legislative branches are not in agreement. When the president seeks to undermine the decision of the Supreme Court, we teeter closer to Constitutional crisis. Our City Council is a legislative body, and our function is to forward the will and the interests of our constituents. I believe, as did King County, that the will and interest of our community is to express our opposition to the current process of ICE detentions and deportations4. Deportee-Written by Woody Guthrie after a crash of a deportation flight in 1948. Performed by Johnny Cash & Johnny Rodriguez,1987. httos://Www.youtube.com/watch?v=zEIJBsU5GKI Page A I I e-hclition I yakimanerala.com rage I_ o1 L L.m 15CU,LIGH!I. A GROWING DEMAND Yakima Valley farmers endure strain as immigration reform remains out of reach Mai Hoang i MAI HOANG Yakima Herald-Republic ©07.07.19 Frank Lyall has noticed plenty of help-wanted signs during the cherry harvest,which started last month. For the Grandview-based farmer and Yakima County Farm Bureau president,it speaks to strong demand for seasonal agricultural employment. "The general feeling is that it's in short,if not insufficient,supply,"Lyall said. While much of the recent conversation on immigration has focused on how the U.S.has handled and should handle border security,the Yakima Valley's agricultural industry has continued to wait for an immigration policy that will provide a sufficient supply of legal foreign workers. The number of agricultural jobs has increased in recent decades while migration from Mexico to the U.S.has decreased in recent years. In the short term,local growers said they've managed,for the most part,to meet their labor needs.They've done so either by using the federal H-2A guest worker program or deploying a variety of strategies to keep workers longer. Mother Nature has helped,too.A relatively cool June extended the cherry harvest window,which means workers have more time to pick the crop,A hotter month would have meant more workers picking during a shorter time. Still,there are other crops to tend and harvest over the next few months. "(I hope)it won't get any worse,"Lyall said."But I would expect farmers will be stretched for labor all the way through the fall." More turning to H-2A Wapato-based grower Rob Valicoff brought in 20 workers when he first used the H-2A federal guest worker program in 2006.The program allows U.S.employers who meet specific requirements to bring foreign nationals to the U.S.to fill temporary agricultural jobs. In January,Valicoff brought in 96 workers and will bring in another 100 in August.Foreign workers will make up the majority of Valicoffs workforce this year. There's an upfront cost—he estimates spending$1,500 in paperwork and travel costs for each worker.He also must cover housing.Each worker brought in through H-2A must be paid a minimum of$15.03 an hour. He estimates that he ends up spending probably$5 more an hour in labor than a grower who doesn't use the H-2A program,but for him,having a guaranteed workforce makes the cost worth it in the end. "If it weren't for the guys that are spending the money to make(H-2A)work,we'd basically be bidding for the labor,"he said."It would become so high it wouldn't make sense to pick the crop." More growers,especially larger ones,are turning to the H-2A program.The state Employment Security Department has projected that about 30,000 workers will come to Washington state this year through H-2A,which would be a sizable increase from just 6,194 workers that growers requested in 2013. However,the H-2A program is still cost-prohibitive for many growers,especially small ones,said Lyall,the Grandview grower and Yakima County Farm Bureau president. "H-2A has been the province of the large agricultural companies,"said Lyall,who doesn't use H-2A."It's expensive and heavily regulated.It works less well for smaller and medium-sized farmers." Lyall said growers who opt not to use H-2A must be willing to pay top dollar—cherry pickers this summer have seen piece rates of up to 24 cents a pound.A productive worker could receive more than$12 an hour,the state minimum wage. Lyall said he tries to use his workers strategically over several months,having them do tasks for the different crops he grows in Grandview and Mattawa.He'll have some workers pick cherries and others tend his apple crop. "You try to spread out your work,so you're not constantly hiring new people and letting people go when a task is completed,"he said. It's common for growers to let low-quality fruit go when there aren't workers to pick it,Lyall said. These various practices seem to be working,at least this year. "1 haven't heard of any catastrophic result from a shortage of labor,"Lyall said. Reforms sought https://www.yakimaherald.com/eedition/page-a/page_634be561-d2b2-50c6-98e0-83 e5 8dcf... 7/9/2019 rage r-kt e-turuuu yannnanerafu.cum rage L, of Z. • Agricultural jobs in Yakima County continue to increase at a robust pace.In 2018.the latest year figures were available from the Quarterly Census of Employment Wages, Yakima County reported 32,340 agricultural jobs,a 20 percent increase from five years ago, Meanwhile,the number of undocumented immigrants from Mexico has decreased in recent years.In 2017,there were 4.9 million undocumented immigrants in the U.S.from Mexico,a sizable drop from 6.9 million about a decade ago,according to figures from the Pew Research Center. In contrast,the number of undocumented immigrants from other countries has increased from 5.3 million in 2007 to 5.5 million in 2017. The agricultural industry has advocated for comprehensive immigration reform,but with little to no progress made over the past 15 years,Lyall said he's open to other solutions. "I wouldn't be averse to some piecemeal approach,just to get something moving,"he said, In an emaited statement to the Yakima Herald-Republic,4th District U.S.Rep.Dan Newhouse,a Republican,said he's continuing to work to get support for an agricultural immigration reform bill. "My staff and I have been working with my colleagues in the majority to bring an agriculture immigration reform bill to the House,and I think we are getting close,"he wrote."We have been speaking with growers and House Judiciary Committee staff to come to a compromise that will improve the H-2A program for producers across the country and ensure farmers facing labor shortages,like those in Central Washington,have access to a reliable,legal workforce." Growers said while the border security issue doesn't have a direct impact on their ability to find workers now,they believe resolving that issue is crucial for progress on immigration reform. Both Lyall and Valicoff note that immigration policy in the mid-1980s—which led to amnesty for millions of undocumented immigrants—did not sufficiently address issues of border security,which has led to the gridlock over immigration today. "It's a huge(and)complex subject,"Lyall said."I can assure you that farmers don't(say,)'Well,labor is short,we need not enforce the border and let whoever come in and go work for us."' https://www.yakimaherald.com/eedition/page-a/page_634be561-d2b2-50c6-98e0-83e58dcf... 7/9/2019 rage e-r,uiuun yaxirnaneraiu.eom rage t uL L. Columnists our tax moneyfunding is human rights violations p' ESTHER J. CEPEDA Washington Post Writers Group © 07.06.19 CHICAGO —To those of us who have been following reports of the inhumane ways immigrants have been treated along the southern border, it comes as no shock that there's a Facebook group in which U.S. Customs and Border Protection agents made puerile jokes about the deaths of migrants, suggested how to humiliate Latino members of Congress visiting a detention facility and posted a vulgar sexual illustration targeting Rep. Alexandria Ocasio-Cortez, D-N.Y. Considering that nearly 1,500 allegations of sexual abuse in immigration detention settings involving employees of the Department of Homeland Security were reported between 2012 and March 2018—a figure that is surely undercounted, given the power imbalance between victims and aggressors—this dehumanizing behavior shouldn't come as any surprise. In a just world, millions of Americans would be protesting in the streets to free the children, women and families detained at the border who are, according to news reports, being denied access to medical care and basic supplies like soap, water and adequate food. The same goes for the immigrants currently in detention centers in the interior of the country who are having their human rights violated. Lifesaving medicine is being withheld, and pregnant women have been forced to give birth in shackles. The list of barbarities goes on and on. But these people, who are marginalized on the edges of society, go largely unchampioned. Which makes me wonder who will stand up for me, or my dad, mother, aunt or two cousins, should we find ourselves in the crosshairs of this country's deportation machine even though we are all U.S. citizens. It's not a thought experiment. The number of U.S. citizens who had encounters with Immigration and Customs Enforcement— meaning that they were interviewed, screened and given a determination about whether they are lawfully present or not— rose sharply from 5,940 in 2016 to 27,540 in 2018. This is according to a new analysis of Immigration and Customs Enforcement data by the American Immigration Council. The AIC had to sue ICE in order to get the figures. https://www.yakimaherald.com/eedition/page-a/page_41117216-0df3-5a2c-83 a l-a2765241... 7/9/2019 rage t\`t I c-GUILIUil I yac.IIII WICra,u.euiii rage = ui L • "And we think this number is undercounted because there is an `unknown' category (in the ICE data set) and this could be more U.S. citizens who were swept up in removal actions because they `appear deportable,- said Emily Ryo, professor of law and sociology at the University of Southern California Gould School of Law and a co-author of the analysis, during a press briefing. We could spend a lot of time unpacking the notion that ICE agents appear to have such latitude and poor training in their work that they seemingly rely on looks to determine who they should approach. Instead, let me highlight a few other key findings: • ICE encountered and arrested proportionally more women during the beginning of the Trump administration than during the last part of the Obama administration. In many cases, these were "collateral" arrests, where the women just happened to be present when someone else was being targeted by ICE. • Between January 2016 and September 2018, more than 85 percent of people deported by ICE had either no criminal convictions or no convictions for crimes classified as violent or serious. • ICE enforcement actions are disproportionately concentrated in certain parts of the country. From 2016 to 2018, custodial arrests increased 118 percent in the Phoenix area, 124 percent in Buffalo, N.Y., and 151 percent in Philadelphia. Taken all together, a picture emerges of an agency that seems to disregard the civil liberties of people who "look" deportable and is spending precious federal resources in a scattershot manner with no prioritization for the so-called "bad hombres" that President Trump has said he wants to get out of the country. These are our tax dollars at work—separating mothers and fathers from their children and families far from the southern border, even if they have no criminal history. (And for the umpteenth time, residing in the country without permission is a civil, not a criminal, violation.) Call your representative in Congress. Tweet at them, post on their Facebook page or fax them. However you want to do it, reach out and ask them why we're spending so much of our money on ripping parents and family members with roots in their communities away from their U.S.-citizen children instead of prioritizing violent criminals. This crisis may be happening quietly and sometimes far from the border, but it's no less a humanitarian crisis for the people who are scarred by it. ©Washington Post Writers Group https://www.yakimaherald.com/eedition/page-a/page_41117216-Odf3-5a2c-83 a 1-a2765241... 7/9/2019 lung county international Airport - rrontotuon on immigrant ueportanons - riing county rage i ui J La King County King County International Airport - Prohibition on Immigrant Deportations Document Code No.: PFC-7-1 EO Department/Issuing Agency: County Executive's Office Effective Date: April 23, 2019 Approved: /s/ Dow Constantine Type of Action: New Signed document (PDF, 204 KB) PREAMBLE. King County proudly upholds the fundamental, self-evident truth announced at our nation's founding: that all people are created equal, while embracing the basic American value that we are a nation of opportunity for all. Immigrants and refugees are welcome in King County, and our region has acted decisively to become more inclusive, removing barriers to affordable housing, transit, health, economic opportunity and promoting strong childhood development for everyone. King County continues to uphold the same values and move forward with effective actions that set our region apart as a leader in protecting the rights of all people in our communities, and continues to not tolerate discrimination, harassment, expressions of hate, or any behavior intended to promote fear, intimidation, or isolation. WHEREAS, effective policies have been put in place to guarantee that King County does not partner nor collaborate with the United States Immigration and Customs Enforcement, demonstrated by King County's refusal to honor Immigration and Customs Enforcement detention detainers without a valid court order with regard to its correctional facilities; WHEREAS, King County International Airport is not a party to any contracts with Immigration and Customs Enforcement, or any other government agency involved in the deportation of immigration detainees. In 2018, King County became aware that aircraft operated by charter operators were providing services to Immigration and Customs Enforcement at the airport and using King County International Airport as a location for transportation of immigration detainees. At the direction of the King County Executive, King County supported the efforts of interested advocacy groups in the community and began formulating a response to the issues raised by these troubling immigration practices; https://www.kingcounty.gov/about/policies/executive/PFCeo/PFC71 EO.aspx?print=1 7/9/2019 Icing county international Airport - rronininon on immigrant ueponations - tong k,ounry rage z of 3 WHEREAS, Immigration and Customs Enforcement uses airports across the United States, and charters flights to transport immigration detainees; WHEREAS, none of the charter operators who conduct operations for Immigration and Customs Enforcement has been specifically authorized to conduct business at, or has a lease to conduct a business at, King County International Airport; WHEREAS, recent research has documented that the use of King County International Airport as a location for the transportation of detainees could lead to human rights abuses and violations in contravention of the policies and ordinances of King County and international treaty obligations concerning human rights; WHEREAS, the use of King County International Airport in this manner is inconsistent with the County's obligation to operate the airport in a safe and efficient manner for all persons, not just citizens, and further use of King County International Airport in this manner would be detrimental to the public welfare and could adversely affect the willingness or ability of other persons to use, or engage in businesses at, King County International Airport with a negative effect on the financial sustainability of King County International Airport; WHEREAS, because deportations raise deeply troubling human rights concerns which are inconsistent with the values of King County, including separations of families, increases of racial disproportionality in policing, deportations of people into unsafe situations in other countries, and constitutional concerns of due process, King County shall take affirmative steps to bring transparency and accountability to the business practices of its airport businesses regarding the use of the facilities for deportation flights. NOW, THEREFORE, I Dow Constantine, King County Executive do hereby order and direct: King County International Airport shall not support the transportation and deportation of immigration detainees in the custody of Immigration and Customs Enforcement, either traveling within or arriving or departing the United States or its territories. King County shall adhere to any rulings or orders of any court of competent jurisdiction in carrying out the directives provided herein. The Department of Executive Services shall coordinate with King County International Airport and the Facilities Management Division to take the following action: 1. Take appropriate actions, consistent with the County's federal obligations, to minimize County cooperation with, facilitation of, and permission for, operations associated with transportation of immigration detainees. 2. Work with our Congressional delegation to change the law to address the deportation practices that give rise to abuses of human and civil rights. https://www.kingcounty.gov/about/policies/executive/PFCeo/PFC71 EO.aspx?print=1 7/9/2019 nu%g Loamy internauoriai Airport - rronioiuon on immigrant ueportanons - sting Loamy rage s or s 3. Ensure that all future leases, operating permits and other authorizations for commercial activity at King County International Airport contain a prohibition against providing aeronautical or non-aeronautical services to enterprises engaged in the business of deporting immigration detainees (except for federal government aircraft), to the maximum extent permitted by applicable law. 4. Develop procedures for exercising King County's rights under existing leases at King County International Airport to ensure strict lessee compliance with applicable laws, ordinances, rules, regulations and policies of King County regarding human trafficking and the servicing of any aircraft engaged in the business of deportation of immigration detainees, including, without limitation King County Code Chapter 2.15 and this Executive Order. 5. Revise and formally adopt the King County International Airport Minimum Standards and develop other rules and regulations as needed to require operating permits for charter carriers, and create reporting responsibilities and audit procedures, with respect to human trafficking and immigration detainee deportation activities, for King County International Airport lessees involved in the provision of aeronautical services. 6. Revise and formally adopt amendments to existing rules and regulations and King County Code Title 15 in a manner consistent with King County Code Chapter 2.15 and this Executive Order. 7. Work with King County International Airport and the Facilities Management Division to study the feasibility of installing security cameras in the vicinity of the airfield and adjacent aprons and ramps. 8. Prepare updates on a quarterly basis detailing the progress of implementing the policies provided herein. /s/ Dow Constantine, King County Executive ATTEST: /s/ Norm Alberg, Director, Records and Licensing Services Division, Department of Executive Services Last Updated April 23, 2019 https://www.kingcounty.gov/about/policies/executive/PFCeo/PFC71 EO.aspx?print=1 7/9/2019