Spokane County caught in confusion over DHS sanctuary designation

(The Center Square) – Spokane County Commissioner Al French said on Tuesday that his peers should consider clarifying their stance on federal immigration enforcement due to recent events.

Last week, the U.S. Department of Homeland Security posted a list of “sanctuary jurisdictions” online, including 35 states and the District of Columbia. Washington was one, with 36 of its 39 counties listed, with the addition of the cities of Everett, Olympia, Seattle, Tacoma and Yakima.

Notably, Spokane County was included, but not the city of Spokane, which passed a resolution on Feb. 10, specifically reaffirming what many call Washington’s sanctuary state law. The county adheres to the Keep Washington Working Act, or KWWA, but hasn’t explicitly supported it like the city.

However, DHS pulled the sanctuary jurisdiction list from its site on Sunday, prompting confusion.

“If we don’t do something in the positive, we’re going to have to somehow come back in circle and restore grant money, and that’s tough,” French told the Board of County Commissioners. “Better off to be proactive because otherwise, the feds are going to take that and run with this.”

Commissioner Mary Kuney requested that Sheriff John Nowels come in the next week or so to provide more information. Nowels told InvestigateWest that he’s committed to following KWWA but would consider assisting immigration enforcement if provided with federal authority.

Legal experts told the board that the county complies with state and federal law and that they hadn’t received any formal notice before the list went out. The National Sheriffs’ Association blasted DHS for the list on Saturday, saying it could strain relationships with the Trump administration.

“This list was created without any input, criteria of compliance, or a mechanism for how to object to the designation,” President Kieran Donahue, sheriff of Canyon County, Idaho, wrote in a statement. “Sheriffs nationwide have no way to know what they must do or not do to avoid this.”

Many jurisdictions on the DHS list had never passed sanctuary policies and have since pushed back. U.S. Secretary of Homeland Security Kristi Noem told Fox News on Sunday that the areas qualify because “they are giving sanctuary to criminals” by not reporting immigrants to DHS.

“Advice that was given to me by a representative of the [Federal Transit Administration],” French said, “was ‘Do everything you can to provide clarity about your position, relative national policy.’”

President Donald Trump has threatened to withhold federal funding from sanctuary jurisdictions, which would prove a major blow to the county's budget. Spokane City Councilmember Paul Dillon ripped up a federal memo warning about this when before voting on Feb. 10, which may come back to haunt him.

Spokane Valley passed a resolution in April, specifically clarifying that it’s “not a sanctuary city.” The municipality previously had a nearly identical resolution but revised it to comply with KWWA; however, both measures pledged support to federal authorities, including on immigration.

French said that since state law provides sanctuary, DHS might not remove the county from the list if it reuploads it online. He thinks the commissioners offer clarity on the situation as the Valley did, so they don’t have to worry about federal funding when the issue resurfaces.

“We want to make sure that we’ve got something that says, ‘No, we’re not,’” he said. “Otherwise, we’re going to be scratching off and then trying hard to get back on the list for funding.”