The Ninth Circuit Court of Appeals has ruled unanimously [1] that the federal government has the authority to deport foreign nationals in the United States illegally, even if local jurisdictions object.
The three-judge panel, consisting of Judges Daniel Bress, Michael Hawkins, and Richard Clinton, affirmed the federal government’s supremacy in immigration enforcement under the U.S. Constitution.
🚨BREAKING: A three judge panel from the notoriously progressive Ninth Circuit Court of Appeals has unanimously ruled the federal government has full authority to deport illegal immigrants, even if local officials including mayors and governors object.
— Charlie Kirk (@charliekirk11) December 3, 2024 [2]
The court’s 29-page decision addressed an executive order issued in April 2019 by King County Executive Dow Constantine in Washington State.
Constantine’s directive prohibited fixed base operators (FBOs) at King County International Airport, also known as Boeing Field, from servicing U.S. Immigration and Customs Enforcement (ICE) charter flights used to deport individuals in the country illegally.
The airport is located near a major ICE operational hub in Seattle.
Constantine’s order explicitly barred the airport from supporting “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.”
This move aligned with King County’s status as a “sanctuary county” and its stated commitment to inclusivity and immigrant protections.
In response, the Trump administration filed a lawsuit in February 2020, asserting that the order violated the Supremacy Clause of the U.S. Constitution, obstructed federal immigration enforcement, and breached a World War II-era Instrument of Transfer agreement under the Surplus Property Act of 1944.
‘BLOOD ON THEIR HANDS’: Incoming Border Czar Tom Homan calls on pro-sanctuary city Democrats to listen to the 911 call 22-year-old Laken Riley made before prosecutors say she was killed by an illegal immigrant pic.twitter.com/WNKeThQcnV [3]
— Fox News (@FoxNews) November 16, 2024 [4]
The Instrument of Transfer granted the federal government specific rights to use the airfield for operations, including transportation activities.
A district court ruled in favor of the federal government, determining that Constantine’s directive violated the Supremacy Clause and unlawfully targeted federal immigration enforcement operations. King County subsequently appealed the decision to the Ninth Circuit.
The Ninth Circuit upheld the lower court’s summary judgment in favor of the federal government.
The panel determined that Constantine’s order violated the intergovernmental immunity doctrine by unfairly regulating federal operations at Boeing Field.
Specifically, the order prevented ICE from using private FBO contractors, thereby discriminating against the federal government.
Judge Bress, writing for the panel, noted that the directive “improperly regulated the way in which the federal government transported noncitizen detainees” and “on its face discriminated against the United States by singling out the federal government and its contractors for unfavorable treatment.”
Border Czar Tom Homan on Denver Mayor Johnson’s threats to block deportations:
“I’m willing to put him in jail” pic.twitter.com/cX393ay2LM [5]
— End Wokeness (@EndWokeness) November 26, 2024 [6]
The court also found that the federal government had standing to sue, citing two injuries caused by the executive order.
First, ICE incurred increased operational costs due to its inability to conduct charter flights from the airfield.
Second, the risk of continued injury was deemed imminent, as the order directly hindered ICE’s transportation activities.
Constantine defended the executive order as consistent with King County’s values, emphasizing concerns over human rights, family separations, and due process.
He argued that federal deportations conflicted with the county’s commitment to inclusivity and protecting immigrant rights.
The Department of Justice countered that the order obstructed federal immigration enforcement and violated the Instrument of Transfer.
The Trump administration sought a permanent injunction to prevent the order’s enforcement and ensure the airfield remained accessible to federal operations.
The Ninth Circuit’s decision reaffirms the federal government’s authority to enforce immigration laws, even in jurisdictions that oppose such actions.
The ruling highlights the limits of local governments’ ability to interfere with federal operations, particularly in sanctuary cities and counties.
While King County officials framed the order as a moral and ideological stance, the court emphasized the legal and constitutional principles at stake.
This ruling reaffirms the authority of federal law in immigration enforcement and creates a benchmark for resolving future disputes between federal and local authorities.