HomeMy WebLinkAboutWORKSHOP Keep Washington Working Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Josh Peters, County Administrator
FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: August 25,2026
RE: Keep Washington Working Act(KWW) & the Courts Open to All Act
(COTA)Workshop
STATEMENT OF ISSUE:
The Washington State Legislature passed the Keep Washington Working Act, RCW
43.17.420 (KWW) during the 2019 legislative session. Then,in 2020,the Courts Open to All
Act, RCW 2.28.310 through 2.28.330 (COTA) was enacted by the Washington Legislature
during the 2020 Legislative Session.
COTA requires the county to adopt a policy addresses civil arrests at court facilities and limits
state and local engagement in federal immigration matters. KWW, COTA and the AG's
Guidance all are attached. Jefferson County does not have a policy to comply with COTA.
Representatives of the Superior and District Courts, including Judge Mack and Judge Walker,
the Sheriff, Richard Davies of Jefferson Associated Counsel, and Philip Hunsucker from the
Prosecuting Attorney's Office met on August 12, 2025 to discuss the requirements of COTA.
The group decided to request a work shop with the BoCC and present a draft resolution for
discussion about a joint effort to prepare a policy that complies with COTA for Jefferson County.
DEPARTMENT CONTACT:
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney at Extension 219
REVIEWED BY:
4 ./0-//9-c—
Josh eters, County Administrator Date
1
STATE OF WASHINGTON
County of Jefferson
In the Matter of Adopting a Policy Required
by the Courts Open to All Act (COTA) RESOLUTION NO.
WHEREAS, Washington State Legislature passed the Keep Washington Working Act,
RCW 43.17.420 (KWW), during the 2019 legislative session; and,
WHEREAS, in 2020, the Courts Open to All Act, RCW 2.28.310 through 2.28.330
(COTA), was enacted by the Washington Legislature during the 2020 Legislative Session; and,
WHEREAS, COTA requires the county to adopt a policy addresses civil arrests at court
facilities and limits state and local engagement in federal immigration matters; and,
WHEREAS, Jefferson County does not have a policy addresses civil arrests at court
facilities and limits state and local engagement in federal immigration matters; and
WHEREAS, the Washington Attorney has a model policy to comply with COTA; and,
WHEREAS,representatives of the Superior and District Courts,including Judge Mack and
Judge Walker,the Sheriff, Richard Davies of Jefferson Associated Counsel,and Philip Hunsucker
from the Prosecuting Attorney's Office met on August 12, 2025 to discuss the requirements of
COTA; and,
WHEREAS,the Board of County Commissioners held a workshop on August 25, 2025 to
discuss the requirements of COTA; and,
WHEREAS, the Superior and District Courts, the Sheriff's Office, Jefferson Associated
Counsel, and the Prosecuting Attorney's Office and the Board of County Commissioners agree
that a policy that complies with COTA is necessary; and,
WHEREAS, Jefferson County recognizes that the Washington judicial branch is founded
upon the fundamental principle that courts shall be assessible to all persons; and,
WHEREAS, Ensuring access to justice requires that all courthouses remain spaces that are
open to the public and that every person be able to participate in judicial proceedings, access
services,conduct business with the court,and engage as otherwise necessary for the administration
of justice; and,
WHEREAS, after a hearing on [DATE] with the opportunity for public comment, the
Board of County Commissioners adopts by this Resolution a policy that complies with COTA;
and;
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY,WASHINGTON, HEREBY RESOLVE AS FOLLOWS:
Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners
hereby adopts the above "Whereas"clauses as Findings of Fact.
Section 2. Purpose. The purpose of this resolution is to adopt a policy addresses civil arrests at
court facilities and limits state and local engagement in federal immigration matters that complies
with COTA.
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Section 3. COTA Policy Adopted. The following policy is hereby adopted:
(a) In accordance with COTA,and in order to safeguard the public and to maintain the orderly
operations of the court,the Jefferson Chief Civil Deputy Sheriff or their designee shall collect the
following information from on-duty state and federal law enforcement officers entering the
courthouse, including plain-clothed officers, unless such officer is present in or on courthouse
facilities to participate in a case or proceedings before the court: name, badge number or other
identifying information, agency, date, time, specific law enforcement purpose, and the proposed
law enforcement action to be taken.
(b) The Jefferson Chief Civil Deputy Sheriff or their designee shall immediately transmit
information collected pursuant to subsection (a)to the County Administrator or their designee. If
the law enforcement officer's stated purpose is to conduct a civil arrest at the courthouse, the
Jefferson Chief Civil Deputy Sheriff or their designee shall immediately advise the County
Administrator or their designee.
(c) The County Administrator or their designee shall transmit information collected pursuant
to subsection(a)to the Administrative Office of the Courts on a monthly basis.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or section of this
Resolution or its application to any person or circumstance is held invalid, the remainder of this
Resolution or its application to other persons or circumstances shall be fully valid and shall not be
affected.
Section 5. SEPA Categorical Exemption. This Resolution is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800 (19).
Section 6. Effective Date. This Resolution shall take effect and be in full force immediately upon
passage by the Board of County Commissioners.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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ADOPTED and APPROVED this day of , 2024.
SEAL: JEFFERSON COUNTY BOARD OF
COUNTY COMMISSIONERS
Heidi Eisenhour, Chair
Greg Brotherton, Member
Heather Nollette-Dudley, Member
ATTEST: APPROVED AS TO FORM:
Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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RCW 2.28.300
Definitions—Immigration enforcement and civil arrests.
The definitions in this section apply throughout this section and
RCW 2.28.310 through 2.28.330 unless the context clearly requires otherwise.
(1) "Civil arrest"means the arrest of a person for an alleged violation of civil law. It is not an arrest
for an alleged violation of criminal law,or for contempt of the court in which the court proceeding
is taking place or will be taking place.
(2) "Court facility" means any building or space occupied or used by a court of this state, and
adjacent property, including but not limited to adjacent sidewalks, all parking areas, grassy areas,
plazas,court-related offices,commercial and governmental spaces within court building property,
and entrances and exits from said building or space.
(3) "Court order" means a directive issued by a judge or magistrate under the authority of Article
III of the United States Constitution or Article IV of the state Constitution.A"court order" includes
but is not limited to warrants and subpoenas.
(4) "Court security personnel" means law enforcement agencies and officers assigned to protect
court facilities or to transport in-custody individuals to and from court proceedings and private
agents contracted to provide security at court facilities.
(5) "Court staff' means any municipal, county, or state employees or contractors assigned to
perform duties in court facilities, including but not limited to probation officers, court security
personnel, court clerks, court administrators, interpreters, court facilitators, and bailiffs.
(6) "Federal immigration authority" means any officer, employee, or person otherwise paid by or
acting as an agent of the United States department of homeland security including but not limited
to its subagencies, immigration and customs enforcement,and customs and border protection, and
any present or future divisions thereof, charged with immigration enforcement.
(7)"Immigration or citizenship status"means as such status has been established to such individual
under the immigration and nationality act.
(8) "Judge" includes justices of the supreme court,judges of the court of appeals,judges of the
superior courts,judges of any court organized under Title 3 or 35 RCW,judges pro tempore,court
commissioners, and magistrates.
(9) "Law enforcement action" includes but is not limited to observation of court proceedings,
investigation, questioning, and arrests by law enforcement agents acting in their official capacity.
(10) "Nonpublicly available personal information" includes one or more of the following, when
the information is linked with or is reasonably linkable, including via analytic technology, to the
person's first name or first initial and last name: Location, home address, work address, place of
birth, telephone number, social security number, driver's license number or Washington
identification card number,electronic mail address, social media handle or other identifying social
media information, and any other means of contacting the person.
(11) "Prosecutor" means a county prosecuting attorney, a city attorney, or the attorney general.
(12)(a) "State law enforcement agency" means any agency of the state of Washington that:
(i) Is a general authority Washington law enforcement agency as defined in RCW 10.93.020;
(ii) Is authorized to operate prisons or to maintain custody of individuals in prisons; or
(iii) Is authorized to operate juvenile detention facilities or to maintain custody of individuals in
juvenile detention facilities.
(b) "State law enforcement agency" does not include any agency, department, or division of a
municipal corporation,political subdivision, or other unit of local government of this state.
[ 2020c37s2.]
NOTES:
Findings-2020 c 37: "(1)The legislature finds that civil arrests in and around Washington's court
facilities impede the fundamental mission of Washington's courts, which is to ensure due process
and access to justice for everyone. The United States supreme court has recognized that "the
unhindered and untrammeled functioning of our courts is part of the very foundation of our
constitutional democracy," and that a state may therefore adopt measures necessary and
appropriate to safeguarding the administration of justice by its courts. Cox v. Louisiana, 379 U.S.
559, 562(1965). People access courts for many reasons,including to obtain domestic violence and
sexual assault protection orders, obtain child support orders, seek back wages, pay traffic fines,
apply for permits,answer and defend against criminal charges,answer and defend against eviction
actions, testify in civil and criminal proceedings, and get married. The administration of justice
depends upon all people having free and full access to the courts.
(2) The legislature further finds that civil arrests at Washington court facilities have created a
climate of fear that is deterring and preventing Washington residents from safely interacting with
the justice system. Victims cannot seek protection, families cannot enter into custody agreements,
and those charged with crimes cannot mount a proper defense or be held accountable. Courts and
lawyers cannot deliver the promise of equal access to justice and due process under law to
community members who are precluded from accessing the courts. Therefore, it is essential that
the state have policies providing safeguards protecting access to justice.
(3) The legislature further finds that it is imperative that all members of our community feel safe
coming to,remaining at,and returning from Washington's courts. The United States supreme court
has acknowledged that a state has "the power to preserve the property under its control for the use
to which it is lawfully dedicated," and that "[t]here is little doubt that in some circumstances the
Government may ban the entry on to public property that is not a 'public forum' of all persons
except those who have legitimate business on the premises." United States v.Grace,461 U.S. 171,
178 (1983). Accordingly, Washington may regulate entry and access to the courts, and activity on
courthouse premises and environs, that threatens the fair and nondiscriminatory administration of
justice or the openness of courts. Additionally, the United States supreme court and the
Washington supreme court have long recognized privileges against civil arrests for those attending
court. In recognition of the harmful impacts of civil arrests in and around Washington courts, the
legislature has a substantial and compelling interest in ensuring the courts in the state of
Washington remain places where the rights and dignity of all residents are maintained and there is
access to justice for all." [2020 c 37 s 1.]
Short title-2020 c 37: "This act may be known and cited as the courts open to all act." [ 2020 c
37 s 10.]
RCW 2.28.310
Immigration and citizenship information—Federal immigration authorities.
(1) Judges, court staff, court security personnel, prosecutors, and personnel of the prosecutor's
office:
(a) Shall not inquire into or collect information about an individual's immigration or citizenship
status,or place of birth,unless there is a connection between such information and an investigation
into a violation of state or local criminal law; provided that a judge may make such inquiries as
are necessary to adjudicate matters within their jurisdiction. The court may enter orders or
conditions to maintain limited disclosure of any information regarding immigration status as it
deems appropriate to protect the liberty interests of victims,the accused, civil litigants,witnesses,
and those who have accompanied victims to a court facility; and
(b) Shall not otherwise provide nonpublicly available personal information about an individual,
including individuals subject to community custody pursuant to RCW 9.94A.701 and 9.94A.702,
to federal immigration authorities for the purpose of civil immigration enforcement, nor notify
federal immigration authorities of the presence of individuals attending proceedings or accessing
court services in court facilities, unless required by federal law or court order.
(2) RCW 2.28.300 through 2.28.330 do not limit or prohibit any state or local agency or officer
from:
(a) 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
(b) Complying with any other state or federal law.
[2020 c 37 s 3.]
NOTES:
Findings—Short title-2020 c 37: See notes following RCW 2.28.300.
RCW 2.28.320
Law enforcement actions in court facilities—Completion of information form—Notice to
court staff.
(1)The governmental entity responsible for the security of a court facility,using the form described
in subsection (2) of this section, shall collect the name of the law enforcement officer, agency,
date,time,specific law enforcement purpose,and the proposed law enforcement action to be taken
by all on-duty state and federal law enforcement officers,including plain-clothed officers,entering
court facilities, unless such officer's purpose is to participate in a case or proceeding before the
court. Completed forms must be immediately transmitted to the appropriate court staff.
Information collected must not include personal identifying information concerning the
individuals who were the target of the law enforcement action, and to the extent such individuals
are identified,they must be identified by the initials of their first and last names. Completed forms
must be transmitted to the administrative office of the courts on a monthly basis.
(2) The administrative office of the court [courts] shall develop a standard form to collect the
information in subsection (1) of this section. The form must be developed no later than July 1,
2020. The administrative office of the courts shall publish a quarterly report of the information
collected in subsection(1)of this section beginning October 1, 2020.
(3) Designated court staff must be notified without delay if a law enforcement agent covered by
this section is present in the court facility with the intent of conducting a civil arrest.
[2020c37s4.]
NOTES:
Findings—Short title-2020 c 37: See notes following RCW 2.28.300.
RCW 2.28.330
Privilege from civil arrest—Court facilities.
(1) No person is subject to civil arrest while going to, remaining at, or returning from, a court
facility, except:
(a) Where such arrest is pursuant to a court order authorizing the arrest;
(b) When necessary to secure the immediate safety of judges, court staff, or the public; or
(c) Where circumstances otherwise permit warrantless arrest pursuant to RCW 10.31.100.
(2)For purposes of this section, "going to" and "returning from" includes the area within one mile
of the court facility.
(3) Prior to any civil arrest in or on a court facility authorized by subsection(1)(a) of this section,
a designated judicial officer shall review a court order authorizing any civil arrest to confirm
compliance with subsection(1)(a) of this section.
(4) Nothing in this section narrows, or in any way lessens, any common law or other right or
privilege of a person privileged from arrest pursuant to RCW 2.28.300 through 2.28.320 or
otherwise.
[ 2020 c 37 s 5.]
NOTES:
Findings—Short title-2020 c 37: See notes following RCW 2.28.300.
RCW 2.28.340
Applicability of courts open to all act.
RCW 2.28.300 through 2.28.330 apply to the following courts: The supreme court, the courts of
appeal, the superior courts, and to the courts of limited jurisdiction of this state, including district
and municipal courts.
[ 2020c37s6.]
NOTES:
Findings—Short title-2020 c 37: See notes following RCW 2.28.300.
RCW 43.17.420
Immigration and citizenship status—Definitions.
The definitions in this section apply throughout this section and
RCW 43.330.510, 43.10.310, 43.17.425, 10.93.160, and 43.10.315, and sections 8 and
9, chapter 440, Laws of 2019 unless the context clearly requires otherwise.
(1) "Civil immigration warrant" means any warrant for a violation of federal civil
immigration law issued by a federal immigration authority. A "civil immigration warrant"
includes, but is not limited to, administrative warrants issued on forms 1-200 or 1-203, or
their successors, and civil immigration warrants entered in the national crime
information center database.
(2) "Court order" means a directive issued by a judge or magistrate under the
authority of Article III of the United States Constitution or Article IV of the Washington
Constitution. A "court order" includes but is not limited to warrants and subpoenas.
(3) "Federal immigration authority" means any officer, employee, or person
otherwise paid by or acting as an agent of the United States department of homeland
security including but not limited to its subagencies, immigration and customs
enforcement and customs and border protection, and any present or future divisions
thereof, charged with immigration enforcement.
(4) "Health facility" has the same meaning as the term "health care facility"
provided in RCW 70.175.020, and includes substance abuse treatment facilities.
(5) "Hold request" or "immigration detainer request" means a request from a
federal immigration authority, without a court order, that a state or local law enforcement
agency maintain custody of an individual currently in its custody beyond the time he or
she would otherwise be eligible for release in order to facilitate transfer to a federal
immigration authority. A "hold request" or "immigration detainer request" includes, but is
not limited to, department of homeland security form I-247A or prior or subsequent
versions of form 1-247.
(6) "Immigration detention agreement" means any contract, agreement,
intergovernmental service agreement, or memorandum of understanding that permits a
state or local law enforcement agency to house or detain individuals for federal civil
immigration violations.
(7) "Immigration or citizenship status" means as such status has been
established to such individual under the immigration and nationality act.
(8) "Language services" includes but is not limited to translation, interpretation,
training, or classes. Translation means written communication from one language to
another while preserving the intent and essential meaning of the original text.
Interpretation means transfer of an oral communication from one language to another.
(9) "Local government" means any governmental entity other than the state,
federal agencies, or an operating system established under chapter 43.52 RCW. It
includes, but is not limited to, cities, counties, school districts, and special purpose
districts.
(10) "Local law enforcement agency" means any agency of a city, county, special
district, or other political subdivision of the state that is a general authority Washington
law enforcement agency, as defined by RCW 10.93.020, or that is authorized to operate
jails or to maintain custody of individuals in jails; or to operate juvenile detention
facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor
compliance with probation or parole conditions.
(11) "Notification request" means a request from a federal immigration authority
that a state or local law enforcement agency inform a federal immigration authority of
the release date and time in advance of the release of an individual in its custody.
"Notification request" includes, but is not limited to, the department of homeland
security's form I-247A, form I-247N, or prior or subsequent versions of such forms.
(12) "Physical custody of the department of corrections" means only those
individuals detained in a state correctional facility but does not include minors detained
pursuant to chapter 13.40 RCW, or individuals in community custody as defined in
RCW 9.94A.030.
(13) "Public schools" means all public elementary and secondary schools under
the jurisdiction of local governing boards or a charter school board and all institutions of
higher education as defined in RCW 28B.10.016.
(14) "School resource officer" means a commissioned law enforcement officer in
the state of Washington with sworn authority to uphold the law and assigned by the
employing police department or sheriffs office to work in schools to ensure school
safety. By building relationships with students, school resource officers work alongside
school administrators and staff to help students make good choices. School resource
officers are encouraged to focus on keeping students out of the criminal justice system
when possible and not impose criminal sanctions in matters that are more appropriately
handled within the educational system.
(15) "State agency" has the same meaning as provided in RCW 42.56.010.
(16) "State law enforcement agency" means any agency of the state of
Washington that:
(a) Is a general authority Washington law enforcement agency as defined by
RCW 10.93.020;
(b) Is authorized to operate prisons or to maintain custody of individuals in
prisons; or
(c) Is authorized to operate juvenile detention facilities or to maintain custody of
individuals in juvenile detention facilities.
[ 2019 c 440 s 2.]
NOTES:
Findings—Construction—Conflict with federal requirements—Effective
date-2019 c 440: See notes following RCW 43.17.425.
RCW 43.17.425
Immigration and citizenship status—State agency restrictions.
(1) Except as provided in subsection (3) of this section, no state agency,
including law enforcement, may use agency funds, facilities, property, equipment, or
personnel to investigate, enforce, cooperate with, or assist in the investigation or
enforcement of any federal registration or surveillance programs or any other laws,
rules, or policies that target Washington residents solely on the basis of race, religion,
immigration, or citizenship status, or national or ethnic origin. This subsection does not
apply to any program with the primary purpose of providing persons with services or
benefits, or to RCW 9.94A.685.
(2) Except as provided in subsection (3) of this section, the state agencies listed
in subsections (5) and (6) of this section shall review their policies and identify and
make any changes necessary to ensure that:
(a) Information collected from individuals is limited to the minimum necessary to
comply with subsection (3) of this section;
(b) Information collected from individuals is not disclosed except as necessary to
comply with subsection (3) of this section or as permitted by state or federal law;
(c) Agency employees may not condition services or request information or proof
regarding a person's immigration status, citizenship status, or place of birth; and
(d) Public services are available to, and agency employees shall serve, all
Washington residents without regard to immigration or citizenship status.
(3) Nothing in subsection (1) or (2) of this section prohibits the collection, use, or
disclosure of information that is:
(a) Required to comply with state or federal law;
(b) In response to a lawfully issued court order;
(c) Necessary to perform agency duties, functions, or other business, as
permitted by statute or rule, conducted by the agency that is not related to immigration
enforcement;
(d) Required to comply with policies, grants, waivers, or other requirements
necessary to maintain funding; or
(e) In the form of deidentified or aggregated data, including census data.
(4) Any changes to agency policies required by this section must be made as
expeditiously as possible, consistent with agency procedures. Final policies must be
published.
(5) The following state agencies shall begin implementation of this section within
twelve months after May 21, 2019, and demonstrate full compliance by December 1,
2021:
(a) Department of licensing;
(b) Department of labor and industries;
(c) Employment security department;
(d) Department of revenue;
(e) Department of health;
(f) Health care authority;
(g) Department of social and health services;
(h) Department of children, youth, and families;
(i) Office of the superintendent of public instruction;
(j) State patrol.
(6) The following state agencies may begin implementation of this section by
December 1, 2021, and must demonstrate full compliance by December 1, 2023:
(a) Department of agriculture;
(b) Department of financial institutions;
(c) Department of fish and wildlife;
(d) Department of natural resources;
(e) Department of retirement systems;
(f) Department of services for the blind;
(g) Department of transportation.
[ 2019 c 440 s 5.]
NOTES:
Findings-2019 c 440: "(1) The legislature finds that Washington state has a
thriving economy that spans both east and west, and encompasses agriculture, food
processing, timber, construction, health care, technology, and the hospitality industries.
(2) The legislature also finds that Washington employers rely on a diverse
workforce to ensure the economic vitality of the state. Nearly one million
Washingtonians are immigrants, which is one out of every seven people in the state.
Immigrants make up over sixteen percent of the workforce. In addition, fifteen percent of
all business owners in the state were born outside the country, and these business
owners have a large impact on the economy through innovation and the creation of
jobs. Immigrants make a significant contribution to the economic vitality of this state,
and it is essential that the state have policies that recognize their importance to
Washington's economy.
(3) In recognition of this significant contribution to the overall prosperity and
strength of Washington state, the legislature, therefore, has a substantial and
compelling interest in ensuring the state of Washington remains a place where the
rights and dignity of all residents are maintained and protected in order to keep
Washington working." [ 2019 c 440 s 1.]
Construction-2019 c 440: "No 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." [ 2019 c 440 s 8.]
Conflict with federal requirements-2019 c 440: "If 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." [ 2019 c 440 s 9.]
Effective date-2019 c 440: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government
and its existing public institutions, and takes effect immediately [May 21, 2019]." [ 2019
c 440 s 12.]
KEEP WASHINGTON WORKING ACT
GUIDANCE, MODEL POLICIES, AND BEST PRACTICES
FOR WASHINGTON COURTHOUSES
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Washington State Office
of the Attorney General
BOB FERGUSON
May 2020
Originally Published
May 2020
All rights reserved.This publication may not be copied in whole or in
part by any means,or stored in a database or retrieval system without
prior written permission of the Washington State Office of the Attorney
General.
Limited permission is hereby granted for not-for-profit reproduction
and distribution of this publication and is also permitted if no profit,
direct or indirect,is derived therefrom and if all notices contained
in this copyright notice are included with such copy,together with
attribution to the Washington State Office of the Attorney General.
About the Washington State Office of the
Attorney General
Mission:The Office of the Attorney General will provide excellent,
independent,and ethical legal services to the State of Washington and
protect the rights of its people.
Vision:The Office of the Attorney General will be the best public law
office in the United States.
Values:All staff in the Office of the Attorney General are guided by the
following core values:
• We will deliver high quality legal services and remember that we
serve the people of Washington.
• We will conduct ourselves with integrity,professionalism,civility,
and transparency.
• We will promote a collegial,diverse,and inclusive workplace that
values,respects and supports our employees.
Disclaimer
The information in this publication is provided as a resource for general
education purposes and is not provided for the purpose of giving legal
advice of any kind.This publication does not constitute a formal legal
opinion of the Office of the Attorney General. Individuals should seek
legal counsel or assistance before relying on the information in this
publication regarding specific applications of the laws.
Letter from the Attorney General
Dear Washingtonians:
Washington strives to be a welcoming place for immigrants and refugees
to work and live. To support this goal, in 2019 the Washington State
Legislature passed the Keep Washington Working Act (KWW)to establish
, statewide practices regarding the enforcement of federal immigration
71:, laws by state and local agencies and provide improved support of
economic opportunities for all Washingtonians, regardless of their
immigration or citizenship status.
KWW also directed the Office of the Attorney General to develop and publish model policies "for
limiting immigration enforcement to the fullest extent possible consistent with federal and state law"
at courthouses, public schools, publicly operated health facilities, and shelters, "to ensure they remain
safe and accessible to all Washington residents, regardless of immigration or citizenship status." Under
this legislative directive, the Office of the Attorney General engaged with state and local stakeholders to
develop the required model policies.
This publication is specific to Washington courthouses. Its guidance includes model policies, and training
and best practices recommendations intended to assist judicial officers, courthouse personnel, and local
government officials in understanding and implementing policies consistent with the new law and to
help ensure that all residents, regardless of citizenship status, have full access to the justice system.
Courthouses are critical institutions. In its mission to protect the liberties guaranteed by the
Constitution and the laws of the state of Washington and the United States, the judicial branch of
Washington has a particular responsibility to provide safe and secure access for all residents regardless
of immigration status. When immigrants cannot openly participate in our legal system because of
fear of deportation, we are all less safe. Unpunished crime threatens us all, and no one is safer when
immigrant crime victims and witnesses refuse to come to the courthouse out of fear of deportation.
Effective implementation of the guidance set forth in this publication will protect the rights of all
Washingtonians and improve community safety by ensuring full participation in our legal system. I thank
the judicial officers and local governmental leaders responsible for operating Washington's courthouses
for leading this effort.
Sincerely,
tek--
Bob Ferguson
Washington State Attorney General
May 21st, 2020
CONTENTS
I. How to Use this Publication 1
A. Understanding the Keep Washington Working Act and Development of the
Attorney General's Guidance 1
B. Adoption of Model Policies and Guidance 2
C. Legal Overview & Recommendations for Training & Best Practices 3
D. Appendix 3
II. Applicable Definitions 4
III. Model Policies 7
A. Legal Authority 7
B. Access to [Courthouse] 7
C. Civil Arrests at or Near Courthouse Facilities 8
D. Gathering Information Related to Immigration or Citizenship Status 8
E. Responding to Requests for Information 8
F. Use of Courthouse Resources 9
IV. Overview of Relevant State & Federal Laws 10
A. Federal Law Relating to Sharing Immigration Status Information 10
B. Open Access to Washington Courts 12
C. Judicial Authority to Control Courtroom Proceedings 12
D. Federal Immigration Authority "Sensitive Location" Policies 12
E. Evidentiary Rules Regarding Disclosing Immigration Status 13
F. Use of Pseudonyms 14
G. Washington Safety and Access for Immigrant Victims Act 15
V. Training Recommendations & Best Practices Guidance 16
A. Training for Courthouse Personnel 16
B. Strategies to Provide Greater Access to the Courts 18
C. Facilitating Access to Services 20
D. Consular Notification Requirements 21
E. Coordination with other Courthouse Facilities and Programs 21
F. Compliance Monitoring 21
G. Feedback to the State 22
VI. Appendix 23
A. The Keep Washington Working Act 24
B. Sample ICE Form 1-200 37
C. Sample ICE Form 1-205 38
D. Sample ICE Form I-247A 40
E. Supreme Court General Rules 36 & 38 43
F. ICE Sensitive Locations Policy 47
G. CBP Actions at or Near Certain Community Locations 50
H. Chief Justice Fairhurst's Letter to Secretary of Homeland Security Kelly 52
I. Chief Justice Fairhurst's Letter to CBP Commissioner McAleenan 53
J. King County's Superior Court Policy Regarding Warrants for Arrest 56
K. ICE Directive No. 110721 Regarding Civil Immigration Enforcement Actions
Inside Courthouses 57
L. U.S. Department of State Bureau of Consular Affairs Mandatory Notification
Countries 61
PART I:
How To USE THIS PUBLICATION
A. Understanding the Keep Washington Working Act and Development of the Attorney
General's Guidance
The Washington State Legislature passed the Keep Washington Working Act(KWW) during the
2019 legislative session' to ensure the state of Washington"remains a place where the rights and
dignity of all residents are maintained and protected in order to keep Washington working."2 In
furtherance of this goal, KWW makes numerous changes to state law addressing the extent to
which state and local agencies may participate in the enforcement of federal immigration laws.3
The Legislature further declared passage of KWW as an emergency,expeditiously establishing a
statewide policy supporting Washington State's economy and immigrants'role therein.4
The Legislature also mandated that the Office of the Attorney General (AGO)publish model
policies to assist local and state entities in the implementation of KWW. Specifically,KWW
requires the AGO publish model policies for a number of public entities,including Washington
courthouses,for"limiting immigration enforcement to the fullest extent possible consistent with
federal and state law... to ensure [courthouses] remain accessible to all Washington residents,
regardless of immigration or citizenship status."5 Under this legislative directive,Attorney General
Bob Ferguson created a Keep Washington Working Team of staff to receive input from the judicial
branch,local governments,and community stakeholders across the state.
The model policies and guidance in this publication represent policy adaptations from these
conversations,along with research of the best national practices across courts.They are intended to
assist Washington judicial personnel and local governmental officials responsible for the management
of courthouse facilities and compliance with KWW's requirements.Adoption of these model policies
will best allow Washington courthouses to focus their resources on their distinct mission of ensuring
equal access to justice for all individuals,while leaving immigration enforcement efforts to the federal
government.
Personnel responsible for Washington courthouses should incorporate the legal requirements
established in the Courts Open to All Act(COTA),6 enacted by the Washington Legislature during
the 2020 Legislative Session,in conjunction with the KWW model policies and guidance set forth in
this publication.Similar to these model policies and guidance,COTA addresses civil arrests at court
facilities and limits state and local engagement in federal immigration matters.Courthouse personnel
should review the obligations created in COTA and adopt or amend their policies as needed.
1 Laws of 2019,ch.440(codified in Chapters 10.93,43.10,and 43.17 RCW).The full text of the KWW
law is in Appendix A.
2 Id.,§ 1(3)(codified as a note following RCW 43.17.425).
3 See, e.g.,RCW 10.93.160;RCW 43.10.310,.315;RCW 43.17.425.
4 Effective Date-2019 c 440(3)in RCW 43.17.425.
5 RCW 43.10.310.
6 SHB 2567,Laws of 2020 ch.37.
Part I: How to use
B. Adoption of Model Policies and Guidance
The model policies in this publication address data collection and transmission,incident
reporting,training,and ensuring safe access to courthouse facilities. Effective implementation
of the model policies can help foster a relationship of trust between local agencies and the
communities they serve and help promote public safety for all Washingtonians.
Consistent with the requirements set forth in the law,KWW requires all Washington courthouses
to adopt policies consistent with those published here. If any jurisdiction decides to not adopt the
required policies,it must notify the AGO that(1) it is not adopting the necessary changes, (2) state
the reasons why it is not doing so,and(3)provide the AGO with a copy of its courthouse policies
that ensure compliance with KWW.7 To submit copies of a jurisdiction's policies,please visit
www.atg.wa.gov/publications.
The Legislature did not define the term`courthouse"within KWW. However,with the passage
of COTA,the Legislature defined"court facility"to include all of the buildings within a court
campus,including those operated by other governmental entities.'Moreover,most local
courthouses themselves are owned by the local executive authority and leased to the court for use.
Courthouse judicial officers and local governmental officials thus both have obligations under the
KWW to adopt the published model policies applicable for their jurisdictions.This will necessitate
considerable coordination between the local judicial branch and legislative authority. Given the
diversity of actors in the justice system,it is appropriate for each local jurisdiction to determine
the most effective mechanism for internal review and adoption of the policies herein. However,
the local legislative authority in each jurisdiction should—in collaboration with their jurisdiction's
presiding judicial officer(s)—promptly convene a committee or work group to review and adopt
policies so that the jurisdiction complies with KWW.
Jurisdictions should implement an expeditious review process of this publication such that
adoption of the model policies and guidance may be initiated immediately. The Legislature
declared an emergency when passing KWW,putting the law into immediate effect.9 The AGO
recognizes the additional strain on resources many state and local entities are facing due to the
impacts of the COVID-19 outbreak in the United States.However,timely review and adoption
of the model policies,training and best practices recommendations will help ensure the
requirements established in the law are met.
Regardless of the particular processes used to review and adopt the required model policies,
each jurisdiction must provide a copy of any differing policies to the AGO as set forth above.The
model policies include placeholders for each jurisdiction to insert its title or specific information,
including"[Courthouse]"for its courthouse name. These placeholders should be filled in with
the proper terms or titles of the specific courthouse personnel who have been designated with
responsibility for those provisions of the policy. This publication also includes definitions that
should accompany adoption of any of the model policies or guidance herein.
Questions or comments regarding KWW may be addressed to KWW@atg.wa.gov.
7 RCW 43.10.310(2)(b).
8 SHB 2567,Laws of 2020 ch.37§2(2).
9 Effective date-2019 c 440 in RCW 43.17.425.
Part I: How to Use
C. Legal Overview&Recommendations for Training&Best Practices
The AGO's legal overview,and recommendations for training and best practices are aids to guide
and assist jurisdictions with implementing the model policies for their courthouses. The AGO
considered evidence-based practices that promote public participation with the judicial branch,
emerging programs with promising results,and existing programs to develop these aids.While
some training on these issues currently exists,consistent training across the state will best ensure
that the requirements in KWW are met.
D. Appendix
This publication contains several references to official forms and documents,including types of
federal administrative requests,court orders,and warrants. These forms and documents can be
found in the appendix to this publication.
3
PART II:
APPLICABLE DEFINITIONS
The following definitions should be adopted with the model policies and guidance herein.
These definitions are based on the definitions provided in KWW10 COTA,11 or other relevant
statutory sources.
• "Civil immigration warrant"means any warrant for a violation of federal civil
immigration law issued by a federal immigration authority.A"civil immigration warrant"
includes,but is not limited to,administrative warrants entered in the national crime
information center database,warrants issued on ICE Form I-200(Warrant for Arrest of
Alien),"Form I-205 (ICE Administrative Warrant),or prior or subsequent versions of
those forms,which are not court orders.13
• "Court order"and"judicial warrant"mean a directive issued by a judge or magistrate
under the authority of Article III of the United States Constitution or Article IV of the
Washington Constitution.A"court order"includes,but is not limited to,judicially
authorized warrants and judicially enforced subpoenas. Such orders and warrants do not
include civil immigration warrants,or other administrative orders,warrants or subpoenas
that are not signed or enforced by a judge or magistrate as defined in this section.
• "Courthouse personnel"means any municipal,county,or state employees or contractors
assigned to perform duties in court facilities,including but not limited to probation
officers,court security personnel,court clerks,court administrators,interpreters,court
facilitators,and bailiffs.
• "Courthouse security personnel"means law enforcement agencies and officers assigned
to protect court facilities or to transport in custody individuals to and from court
proceedings and private agents contracted to provide security at courthouse facilities.
• "Courthouse facilities"means any building or space occupied or used by a court of this
state,and adjacent property,including but not limited to sidewalks,all parking areas,
grassy or other natural areas,plazas,court-related offices,commercial and governmental
spaces within court building property,and entrances and exits from said building or
space.
10 RCW 43.17.420.
11 SHB 2567,Laws of 2020 ch.37§2.
12 Example of Form I-200 is in Appendix B.
13 Example of Form I-205 is in Appendix C. 4
Part II: Definitions
• "Federal immigration authority"means any on-duty officer,employee,or person
otherwise paid by or acting as an agent of the United States(U.S.)Department
of Homeland Security(DHS)including,but not limited to,its sub-agencies,
Immigration and Customs Enforcement(ICE),Customs and Border Protection
(CBP),U.S. Citizenship and Immigration Services (USCIS),and any present
or future divisions thereof charged with immigration enforcement."Federal
immigration authority"includes,but is not limited to,the Enforcement&Removal
Operations(ERO) and Homeland Security Investigations(HSI)of ICE,or any
person or class of persons authorized to perform the functions of an immigration
officer as defined in the Immigration and Nationality Act.
• "Hold request"or"immigration detainer request"means a request from a federal
immigration authority,without a court order,that a state or local law enforcement
agency maintain custody of an individual beyond the time the individual
would otherwise be eligible for release in order to facilitate transfer to a federal
immigration authority.A"hold request"or"immigration detainer request"
includes,but is not limited to,DHS Form I-247A(Immigration Detainer-Notice
of Action) or prior or subsequent versions of form I-247.14 Detainers issued on ICE
Form I-247 are not court orders.
• "Immigration detention agreement"or"IGSA"means any contract,agreement,
intergovernmental service agreement,or memorandum of understanding that
permits a state or local law enforcement agency or officer to house or detain
individuals for federal civil immigration violations.
• "Immigration or citizenship status"means such status as has been established to
such individual under the Immigration and Nationality Act.
• "Judge"or"Judicial Officer"includes justices of the Supreme Court,judges of the
court of appeals,judges of the superior courts,judges of any court organized under
Title 3 or 35 RCW,judges pro tempore,court commissioners,and magistrates.
• "Language services"includes but is not limited to translation,interpretation,
training,or classes."Translation"means written communication from one
language to another while preserving the intent and essential meaning of the
original text. "Interpretation"means transfer of an oral communication from one
language to another.
• "Law enforcement agency"or"LEA"means any agency of the state of Washington
(state) or any agency of a city,county,special district,or other political subdivision
of the state (local)that is a general authority Washington law enforcement agency,
as defined by RCW 10.93.020,or that is authorized to operate jails or maintain
custody of individuals in jails;or to operate juvenile detention facilities or to
maintain custody of individuals in juvenile detention facilities;or to monitor
compliance with probation or parole conditions.
14 An example of the currently used Form I-247A,as well as the Guidance ICE uses to complete
the form are in Appendix D.
Part II: Definitions
• "Local government"means any governmental entity other than the state,federal
agencies,or an operating system established under chapter 43.52 RCW. It includes,but
is not limited to,cities,counties,school districts,and special purpose districts.It does
not include sovereign tribal governments.
• "Necessary to perform duties"means that,after following appropriate procedures to
verify a course of action,no reasonably effective alternative appears to exist that would
enable the performance of one's legal duties and obligations.
• "Notice to appear"or"NTA"means the charging document issued by ICE,CBP,or the
USCIS seeking to commence formal removal proceedings against an individual before
a federal immigration court(reflected in DHS Form I-862).
• "Notification request"means a federal immigration authority's request for affirmative
notification from a state or local law enforcement agency of an individual's release from
the LEAS custody. "Notification request"includes,but is not limited to,oral or written
requests,including DHS Form I-247A,Form I-247N,or prior or subsequent versions
of those forms.
• "Personal information"means names,date or place of birth,addresses,GPS (global
positioning system) coordinates or location,telephone numbers,email addresses,
social media handles or screen names,social security numbers,driver's license
numbers,parents'or affiliates'names,biometric data,or other personally identifying
information. "Personal information"does not include immigration or citizenship
status.
• "Sensitive location"refers to the 2011 U.S. Immigration and Customs Enforcement
(ICE) and 2013 Customs and Border Enforcement(CBP)policies which categorize
certain locations as sensitive locations that should generally be avoided for
immigration enforcement purposes.
• "State agency"has the same meaning as provided in RCW 42.56.010.
• "T visa"is a temporary immigration benefit under 8 U.S.C. § 1101 (a)(15)(T),as
further defined in RCW 7.98.010(1),that enables victims of a severe form of human
trafficking and certain qualifying family members to remain in the United States
for four years or longer if they have assisted law enforcement in an investigation or
prosecution of human trafficking.
• "U visa"is a temporary immigration benefit under 8 U.S.C. § 1101 (a)(15)(U),as
further defined in RCW 7.98.010(1),that enables victims of certain crimes who have
suffered mental or physical abuse and are helpful to law enforcement or government
officials in the investigation or prosecution of criminal activity,and certain qualifying
family members,to remain in the United States for four years or longer.
6
Part Ill:
Model Policies
Pursuant to RCW 43.10.310(2), all Washington state courthouses shall either (a) adopt the
necessary changes to their courthouse policies consistent with the following model policies, or(b)
notify the Office of the Attorney General that they are not adopting the changes,state the reasons
that they are not adopting the changes,and provide the Office of the Attorney General with a
copy of its policies that ensure compliance with KWW. Prior to adoption,courthouse and local
governmental officials should consult with their respective legal counsel to ensure that their policies
are in compliance with state and federal law.
The applicable definitions set forth in Part II of this publication should be adopted in conjunction
with adoption of the model policies.
A. Legal Authority
1. [Courthouse] adheres to all requirements of state law,including the Courts Open to All Act
(COTA),SHB 2567,Laws of 2020 ch. 37. [Courthouse] further adheres to all Washington
State Court Rules,including General Rule 38,Open Access to Courts.
2. The provisions of this policy apply to [Courthouse] and all court facilities,which include
(but are not limited to)adjacent sidewalks,parking areas,grassy areas,plazas,court-related
offices,commercial and governmental spaces within court building property,and entrances
and exits from said building spaces.
3. [Courthouse]'s policies prohibiting participation or aid in immigration enforcement shall
apply to enforcement activity against members of the public and staff.
4. [Courthouse] personnel shall presume that federal immigration authorities are engaged in
immigration enforcement.
B. Access to [Courthouse]
1. [Courthouse] recognizes that the Washington judicial branch is founded upon the
fundamental principle that courts shall be accessible to all persons. Ensuring access to
justice requires that all courthouses remain spaces that are open to the public and that every
person be able to participate in judicial proceedings,access services,conduct business with
the court,and engage as otherwise necessary for the administration of justice.
2. In accordance with COTA,and in order to safeguard the public and to maintain the
orderly operations of the court, [designated courthouse security] shall collect the following
information from on-duty state and federal law enforcement officers entering courthouse
facilities,including plain-clothed officers,unless such officer is present in or on courthouse
Part Ill: Model Policies
facilities to participate in a case or proceedings before the court: name,badge number or other
identifying information,agency,date,time,specific law enforcement purpose,and the proposed law
enforcement action to be taken.
3. [Designated courthouse security] shall immediately transmit collected information to [designated
courthouse personnel].If the law enforcement officer's stated purpose is to conduct a civil arrest
at the courthouse facility,courthouse security shall immediately advise [designated courthouse
personnel].
4. [Designated courthouse personnel] shall transmit collected information to the Administrative Office
of the Courts on a monthly basis.
C. Civil Arrests at or Near Courthouse Facilities
1. [Courthouse] personnel shall not aid in or support any person being subject to arrest or having their
freedom restricted or hindered solely for a civil immigration offense while present in,going to,or
returning from [Courthouse],including within one mile of the courthouse facility,except(a)by valid
court order or judicial warrant,(b)when it is necessary to secure the immediate safety of judges,
courthouse personnel or the public,(c)where circumstances otherwise permit warrantless arrest
pursuant to RCW 10.31.100,or(d)where the court has issued a writ or other order setting forth
additional conditions to address circumstances specific to an individual or other relevant entity.
D. Gathering Information Related to Immigration or Citizenship Status
1. [Courthouse] personnel shall not inquire about,request,or collect from any person information
about the immigration or citizenship status,or place of birth of any person accessing services
provided at the courthouse,unless there is a connection between such information and an
investigation into a violation of state or local criminal law,provided that a judge may make such
inquiries as are necessary to adjudicate matters within their jurisdiction. [Courthouse] recognizes
that judicial officers may enter orders or conditions to maintain limited disclosure of any
information regarding immigration or citizenship status,or place of birth as they deem appropriate
to protect the liberty interests of crime survivors,the accused,civil litigants,witnesses,and those
accompanying crime survivors to a courthouse facility.
2. [Courthouse] records of information regarding a persons immigration or citizenship status,or place
of birth,shall be aggregated or de-identified from the individual,unless otherwise required by law.
[Courthouse] personnel maintaining said information in any other way shall report their retention
procedure and basis to [designated courthouse personnel] prior to collecting the information.
E. Responding to Requests for Information
1. [Courthouse] personnel shall not provide personal information to any person or entity for
immigration enforcement purposes,unless: (1) in the same method by which such information
is available to the public;or(2) subject to a court order or otherwise required by state or federal
law. [Courthouse] personnel shall complete training to become familiar with the different types
of documents used for information requests and how to respond to the different types of requests,
including compliance with 8 U.S.C. § 1373 (Section 1373).
8
Part Ill: Model Policies
F. Use of Courthouse Resources
1. [Courthouse] personnel shall not use any courthouse resources,including facilities and staff,
to investigate,enforce,or assist with federal immigration enforcement absent a court order or
judicial warrant or as otherwise required by state or federal law.
2. [Courthouse] does not grant permission to any person engaging,or intending to engage,
in immigration enforcement to access the nonpublic areas of the courthouse facilities,
property,equipment,or databases. [Courthouse] personnel shall presume that activities
by federal immigration authorities,including surveillance,constitute immigration
enforcement. If[Courthouse] personnel receive a court order or judicial warrant authorizing
immigration enforcement activity to occur in any nonpublic areas of the courthouse facilities,
[Courthouse] personnel shall immediately contact [designated courthouse personnel] to
determine the appropriate course of action.
3. Before authorizing access to any nonpublic areas,the [designated courthouse personnel] shall
confirm that the court order is issued and signed by a U.S. District Court Judge or Magistrate
Judge and requires access by the specific individual by:
a. Obtaining a copy of the court order;
b. Identifying the citation to the federal law violation for which the court order was issued;
c. Identifying which U.S.District Court issued the order;
d. Verifying that the order includes the correct date and location for enforcement;and
e. Confirming that a U.S. District Court Judge or Magistrate's signature is on the order.
4. All [Courthouse] contracts,partnerships,and programs between the [Courthouse] and other
public or private entities,including leases,agreements,and memorandums of understanding,
shall be consistent with [Courthouse] policies,including provisions protecting personnel and
the public from immigration enforcement,and state law,including the Courts Open to All
Act,SHB 2567,Laws of 2020 ch. 37. [Courthouse] contracts,including leases,memorandums
of understanding, and agreements,shall address compliance with [Courthouse] policies and
state law,including the Courts Open to All Act, SHB 2567,Laws of 2020 ch. 37,by all parties
and third parties.
5. [Courthouse] data use/sharing contracts,including leases,agreements and memorandums
of understanding,shall include provisions limiting permissible use of[Courthouse] data,
including limits to sharing [Courthouse] data with any third parties;audit provisions;and
remedies for noncompliance.
9
PART IV:
OVERVIEW OF RELEVANT STATE & FEDERAL LAWS
While the Keep Washington Working Act,chapter 440,Laws of 2019,requires courthouses
to adopt the model policies in order to promote safe and secure access to their services by
limiting participation in immigration enforcement,exceptions apply where federal,state,
or local laws require otherwise. This section provides an overview of KWW and other laws
courthouses and local governments should consider when adopting the model policies.
Courthouses and local governmental officials should also consult with their legal counsel
to ensure that their policies are in compliance with state and federal law before adopting or
implementing their policies.
A. Federal Law Relating to Sharing Immigration Status Information
KWW prohibits state agencies from collecting,using,or disclosing information for
immigration enforcement purposes except as required by state or federal law or as a
necessary condition of federal funding to the state. Under 8 U.S.C. § 1373,which governs
"Communication between government agencies and the Immigration and Naturalization
Service;'state and local governments may not bar their officials from sharing information
regarding"citizenship or immigration status"with federal immigration authorities or
"maintaining"information regarding"immigration status:' Section 1373 limits state and
local agencies as follows:
(a) In General
Notwithstanding any other provision of Federal,State,or local law,a Federal,
State,or local government entity or official may not prohibit,or in any way restrict,any
government entity or official from sending to,or receiving from,the Immigration and
Naturalization Service information regarding the citizenship or immigration status,lawful
or unlawful,of any individual.
(b) Additional Authority of Government Entities
Notwithstanding any other provision of Federal,State,or local law,no person or
agency may prohibit,or in any way restrict,a Federal, State,or local government entity
from doing any of the following with respect to information regarding the immigration
status,lawful or unlawful,of any individual:
1. Sending such information to,or requesting or receiving such information from,
the Immigration and Naturalization Service.
2. Maintaining such information.
3. Exchanging such information with any other Federal,State,or local government
entity.
Part IV: Overview of Relevant
State & Federal Laws
In short,Section 1373 prohibits state and local governments from barring staff from sending immigration
or citizenship status information to,or receiving that information from,federal immigration authorities,
or"maintaining"such information. However,by Section 1373's own language,these restrictions apply
only to information regarding an individual's"citizenship or immigration status."15 Washington law
defines"immigration or citizenship status"as"such status has been established to such individual under
the Immigration and Nationality Act:'16 Therefore,speculation about a person's citizenship or immigration
status and information that supports such speculation would not constitute"information regarding the
citizenship or immigration status"covered under Section 1373.
State and local policies limiting use of local law enforcement and other resources to enforce federal law
are supported by the Tenth Amendment to the U.S. Constitution. The Tenth Amendment provides that
"powers not delegated to the United States by the Constitution,nor prohibited by it to the states,are
reserved to the states respectively,or to the people:'17
Specifically,the Tenth Amendment's"anti-commandeering doctrine"limits the federal government's
ability to mandate particular action by states and localities,including in the area of federal immigration
law enforcement and investigations.18 Under this doctrine,the federal government cannot"compel the
States to enact or administer a federal regulatory program,""or compel state employees to participate in
the administration of a federally enacted regulatory scheme.20
Especially relevant here,in United States v. California,921 F.3d 865,the Ninth Circuit held that where
federal law provides state and localities the option,rather than a mandate,to assist with federal
immigration law,a state's decision to enact a policy to refrain from providing such assistance is
permissible under the anti-commandeering doctrine.21 The Ninth Circuit held"the federal government
was free to expect"cooperation between state and federal immigration authorities,but it could"not
require California's cooperation without running afoul of the Tenth Amendment."22
As California illustrates,state and local agencies adopting the model policies are protected under the
Tenth Amendment's anti-commandeering doctrine. Indeed, California clarified that federal law cannot
mandate that states and local agencies assist with federal immigration enforcement efforts,and KWW's
provisions affirming Washington's choice to refrain from such participation are protected by the Tenth
Amendment.23 Additionally,Section 1373 only restricts agencies from prohibiting their staff to share or
15 Similarly,8 U.S.C.§ 1644(Section 1644)provides that"no State or local government entity may be prohibited,or in
any way restricted,from sending to or receiving from the Immigration and Naturalization Service information
regarding the immigration status,lawful or unlawful,of an alien in the United States."
16 RCW 43.17.420(7);Laws of 2020 ch.37§2(7).
17 U.S.Const.amend.X.
18 United States v. California, 921 F.3d 865,889(9th Cir.2019)petition for cert.filed,No. 19-532,2019 WL 5448580
(U.S.Oct.22,2019)(stating under the Tenth Amendment anti-commandeering rule that"Congress cannot
issue direct orders to state legislatures"or put into its service the police of all 50 states,and that states are permitted
to refuse to adopt preferred federal policies)(internal quotations omitted).
19 New York v United States,505 U.S. 144, 188(1992)(federal statutory requirement that States enact legislation
providing for the disposal of their radioactive waste invalid).
20 Printz v. United States,521 U.S.898,935(1997)(Brady Handgun Violence Prevention Act's requirement that state
and local law enforcement officers perform background checks on prospective firearm purchasers invalid).See also,
New York,505 U.S.at 903-04.
21 California,921 F.3d at 891.
22 Id.
23 Id. at 890.
Part IV: Overview of Relevant
State & Federal Laws
receive information about what a persons citizenship or immigration status is with federal immigration
authorities,24 and KWW does not conflict with that prohibition. Rather,KWW's provisions are expressly
subject to requirements under federal law.25
B. Open Access to Washington Courts
Providing all people,regardless of immigration or citizenship status,with open access to the courts
and fair trials is a foundational principle of Washington law. Indeed,the First Amendment and Article
I,Section 10 of the Washington Constitution guarantee the right of the public to openly administered
justice.Additionally,the Sixth Amendment and Article I,Section 22 of the Washington Constitution
guarantee all accused persons a public trial. The intent of the law is plain—all persons,including those
without legal status,should feel secure entering a courthouse or filing documents in state court—even
those who may be vulnerable to deportation. The judicial branch relies on people coming forward in
order for it to function.Ensuring the sanctity of these principles are vital for equal justice for all. To that
end,the Washington Supreme Court adopted new General Rule 38 in 2020 that directs Open Access to
Courts.
C. Judicial Authority to Control Courtroom Proceedings
It is well-established that state courts and judicial officers have the power to preserve and enforce
order in their presence and over the conduct of judicial proceedings.26 Further,judges have the power
to control,in furtherance of justice,the conduct of their ministerial officers and of all other persons
connected with their judicial proceedings.27 And they may punish for contempt in order to effectually
exercise their power.28 While courtroom conduct shall be controlled by the judge presiding over
the courtroom proceedings,it is the responsibility of the presiding judge to"supervise the judicial
business"of the court,including overseeing court security to ensure a"safe courthouse environment
is fundamental to the administration of justice."29 Thus,to the extent that any activity within the
courtroom obstructs judicial proceedings,local jurisdictions and judges may use their statutory and
inherent authority to enforce order. Finally,many who work within courthouses such as prosecutors,
security,public defenders,and most court clerks are part of the executive branch of local government
and are thus subject to their own office policies that address enforcement of federal civil immigration
laws.30 Therefore,local governments are obliged to adopt the AGO's model policies and guidance in
order to ensure their courthouses are operating in compliance with KWW.
D. Federal Immigration Authority"Sensitive Location" Policies
In 2011 and 2013,respectively,ICE and CBP each issued policies(DHS policies)limiting immigration
enforcement activity at or around"sensitive locations;'including places of worship,schools,and health
24 Id. at 892.
25 Construction-2019 c 440,Conflict with federal requirements-2019 c 440 in RCW 43.17.425.
26 See, e.g.,RCW 2.28.010,.060.
27 Id.
28 RCW 2.28.020,.070;Chapter 7.21 RCW.
29 GR 29(a)(1),36.Copies of GR 36 and GR 38 are in Appendix E.
30 See, e.g.,Wash.Exec.Order No. 17-01,¶8(2017);see also Judges of Benton and Franklin Counties Superior
Court v.Killian,No.96821-7,slip.op. 11-12(Wash.Mar. 19,2020)(county clerks follow judicial direction when
performing in-court duties,but operate independently as to out-of-court duties).
12
Part IV: Overview of Relevant
State & Federal Laws
facilities.31 Under these DHS policies, ICE and CBP must avoid enforcement activities at"sensitive
locations"unless a specific set of prerequisites are met.Thus,immigration enforcement activities by ICE
and CBP may only take place when (1) an officer has received prior approval from an appropriate level
supervisory director or(2)"exigent circumstances"exist such that immediate action is required.
However,despite the concerns expressed by judicial officials in Washington state32 and elsewhere,
courthouses are not identified as sensitive locations under either policy. Instead,as set forth in a January
2018 directive,ICE continues to conduct civil immigration enforcement actions within courthouses.33
The directive states that enforcement actions within courthouses will include"actions against specific,
targeted aliens with criminal convictions,gang members,national security or public safety threats,
aliens who have been ordered removed from the United States but have failed to depart,and aliens who
have re-entered the country illegally after being removed"when such persons are believed to be at the
courthouse location.34 The directive further states that other undocumented persons encountered during
enforcement actions,including family members and friends accompanying someone targeted by the
agency or persons serving as witness,will generally not be subject to enforcement actions.35
Given this guidance,Washington courthouses and local governmental officials should be aware that
enforcement actions within their facilities are likely to continue to occur.Adoption and adherence to
the model policies in this publication will help instruct personnel how to respond to such activities.
Additionally,ICE and CBP policies can be amended or revoked at any time.
E. Evidentiary Rules Regarding Disclosing Immigration Status
Washington law protects against the use of information regarding a persons immigration status in court
proceedings.i6 As such,in 2017 the Supreme Court adopted Evidence Rule 413,which generally makes
evidence of immigration status inadmissible in criminal and civil matters.
31 See Morton,ICE,Enforcement Actions at or Focused on Sensitive Locations,Oct.24,2011,available online
at https://www.ice.gov/doclib/ero-outreach/pdf/I0029.2-policy.pdf(last visited May 18,2020)and in
Appendix F;ICE,FAQs on Sensitive Locations and Courthouse Arrests,available online at
https://www.ice.gov/ero/enforcement/sensitive-loc(last visited May 18,2020);CBP,U.S.Customs and Border
Protection Enforcement Actions at or Near Certain Community Locations,Jan. 18,2013,available online at
https://foiarr.cbp.gov/does/Policies_and_Procedures/2013/826326181 1251/1302211111_CBP Enforcement_
Actions at_or_Near_Certain_Community_Locations_%7BSigned M pdf(last visited May 18,2020)and in
Appendix G.
32 Following incidents of immigration agents'presence at Washington State courthouses,former Chief Justice
of the Washington State Supreme Court Mary E.Fairhurst penned letters,one in 2017 to former Secretary
of Homeland Security John Kelly,and one in 2019 to former CBP Commissioner Kevin K.McAleenan,
expressing concerns that federal immigration enforcement activity at courthouses curtails the capacity of
courts to function properly.The Washington Supreme Court,March 22,2017 letter available online at
https://www.courts.wa.gov/content/publicUpload/Supreme%20Court%20News/KellyJohnDHS[CE0322I 7.pdf(last
visited May 14,2020)and in Appendix H;May 18,2019 letter available online at
https://www.courts.wa.gov/content/pub l icUpload/Supreme%20Court%20News/
KevinMcAleenanUSCustomsBorderProtection041519.pdf(last visited May 18,2020)and in Appendix I.In 2008,
the King County Superior Court Judges approved a policy that warrants for arrests of individuals based on
immigration status shall not be executed within any King County Superior Court courtrooms unless ordered by the
presiding judicial officer.A copy of the policy is in Appendix J.
33 See Homan,ICE Directive No. 11072.1,Civil Immigration Enforcement Actions Inside Courthouses,Jan. 10,2018,
available online at
https://www.ice.gov/sites/default/files/documents/Document/2018/ci EnforcementActionsCourthouses.pdf(last
visited May 18,2020).A copy of the Directive is available at Appendix K.
34 Id.
35 Id.
36 See Salas v. Hi—Tech Erectors, 168 Wn.2d 664,672(2010)("[I]mmigration is a politically sensitive issue[and that
i]ssues involving immigration can inspire passionate responses that carry a significant danger of interfering with the
fact finder's duty to engage in reasoned deliberation.").
Part IV: Overview of Relevant
State & Federal Laws
For criminal matters,under Evidence Rule 413,courts may only admit evidence of a party's or
a witness'immigration status if that information is an essential fact to prove an element of,or a
defense to,the criminal offense charged,or to show bias or prejudice of a witness.37 Prior to any of
these proposed uses,a pre-trial motion must be made and include an offer of proof of relevancy.
The motion must be accompanied by one or more affidavits stating the offer of proof,and if the
court finds the offer sufficient,the court must order a hearing outside the presence of the jury.The
court must then find the evidence is reliable and relevant,and that its probative value outweighs the
prejudicial nature of evidence of immigration status,before admitting the evidence of immigration
status for the stated purpose.
For civil matters,except in post-trial proceedings,evidence of a party's or a witness'immigration
status"shall not be admissible unless immigration status is an essential fact to prove an element
of a party's cause of action:'38 For post-trial proceedings,immigration status information may be
submitted through a post-trial motion where (a) a party who is subject to a final order of removal in
immigration proceedings was awarded damages for future lost earnings;or(b) a party was awarded
reinstatement to employment. The court must conduct an in camera review of the evidence if a party
seeks to use or introduce this evidence.The motion,related papers,and record of such review may
be sealed pursuant to General Rule 15,and shall remain under seal unless the court orders otherwise.
If the court determines that the evidence may be used,the court shall make findings of fact and
conclusions of law regarding the permitted use of that evidence.
F. Use of Pseudonyms
In Washington,under certain circumstances,parties may also use pseudonyms to avoid revealing
their immigration status.39 Courts have primarily,though not exclusively,limited this to proceedings
in which parties'names and association to respective crimes are not already in the public record.40
In some instances,witnesses may also be identified by pseudonyms in open court and in court
documents.41 Courts may restrict disclosure of the identity of individuals based upon the applicable
balancing of factors for the case,and in accordance with applicable legal standards.42
37 ER 413(a).
38 ER 413(b).
39 RCW 10.52.100;RAP 3.4;General Order of Division II,2011-1;General Order of Division III(June 18,2012);
N.K v. Corp. of Presiding Bishop of Church of Jesus Christ of Latter-Day Saints, 175 Wn.App.517,522
(2013)(adult proceeding under pseudonym in appeal);In re Welfare of M.T.,69 Wn.App.380,381(1993)(same).
40 See John Doe v. Grp.Health Coop.,of Puget Sound Inc.,85 Wn.App.213(1997)(employee brought Uniform
Health Care Information Act and invasion of privacy claims over health care provider's disclosure of name and
consumer numbering in training exercise on processing mental health claims);Jane Doe v.Boeing Co.,64 Wn.App.
235(1992)(transgender employee sued employer for disability discrimination),rev'd on other grounds, 121 Wn.2d
8(1993);John Doe v.Spokane&Inland Empire Blood Bank,55 Wn.App. 106(1989)(plaintiffs with AIDS brought
class action suit against producers and distributors of blood products);Jane Doe v.Fife Mun.Court,74 Wn.App.444
(1994)(class of plaintiffs charged with alcohol-related offenses sought to recover court costs);John Doe v.
Dep 1 of Transp.,85 Wn.App. 143(1997)(sexual harassment suit by ferry worker);Jane Doe v. Corp.of President
of Church of Jesus Christ of Latter-Day Saints, 141 Wn.App.407(2007)(plaintiffs sued stepfather and church over
alleged sexual abuse by stepfather).
41 See State v. Keys, 171 Wn.App. 1007,n.1 (2012)(using pseudonym for child witness).
42 See, e.g.,Doe G v. Dep 1 of Corr., 190 Wn.2d 185,200(2018)(noting Washington courts have allowed
"pseudonymous litigation"but that"in some circumstances this court has still required a showing that
pseudonymity was necessary").The Washington Constitution has also been found by courts to provide
14
all people within the State with a right to privacy.Wa.Const.art.I,§7;State v Brelvis Consulting
Part IV: Overview of Relevant
State & Federal Laws
G. Washington Safety and Access for Immigrant Victims Act
Washington law provides additional protections for crime survivors.Washington's Safety and Access for
Immigrant Victims Act(SAIVA) ensures that immigrant crime survivors can access the protections available
to them under the law by supporting greater consistency across law enforcement,prosecution,and the courts 43
As stated in the Act's findings,out of fear,immigrants are frequently reluctant to contact or cooperate with law
enforcement or governmental agencies when they are crime victims."Immigration law contains protections for
survivors of crime and human trafficking to encourage collaboration with these agencies.However,ensuring
that all crime survivors can access the protections available to them under the law is in the best interest of
survivors,law enforcement,and community safety.
To accomplish this,the Act requires the development and implementation of training to law enforcement,
prosecutors,victim advocates,courthouse personnel,state agency personnel and others on U and T
nonimmigrant visas,45 legal protections for immigrant survivors of crime,and other promising practices for
working with immigrant crime survivors.`The Act also requires agencies to provide outreach,education,and
information for immigrant crime survivors about the protections available to them 47
The Act further requires state and local law enforcement agencies,prosecutors,administrative judges,hearing
officers,or other authorities to issue certifications in support of visas.48 For a"U visa certification:'an agency
must certify the helpfulness of survivors of qualifying crimes on a federal U Nonimmigrant Status Certification
(Form I-918,Supplement B).49 For a"T visa certification:'the agency must certify on a USCIS form(Form
I-914,Supplement B),whether the survivor is or has been a victim of trafficking and,unless the survivor is
under the age of eighteen,whether he or she has complied with any reasonable requests from law enforcement
in any related investigation or prosecution of the acts of trafficking in which he or she is a survivor.5o
A certifying agency shall process the certification within ninety days of receiving a request,unless the survivor
is in federal immigration removal proceedings or they,or their children,will reach age twenty-one within
ninety days after the certifying agency receives the certification request(thereby risking lost benefits under 8
U.S.C.Sec. 1184(o)and(p)),in which case the certifying agency shall execute the certification no later than
fourteen days after receiving the request.51 A certifying official may withdraw a previously granted certification
only if the victim unreasonably refuses to provide information and assistance when reasonably requested.52
Further,a certifying agency,such as a prosecutor or judge,is prohibited from disclosing"personal identifying
information"or information regarding the immigration or citizenship status of any survivor of criminal activity
or trafficking who has requested certification,unless required to do so by federal law or court order,or unless
the certifying agency has written authorization from the victim or,if the victim is a minor or is otherwise not
legally competent,by the victims parent or guardian.53
LLC,7 Wn.App.2d 207,226(2018),amended on reconsideration(Mar. 12,2019).Whether there is an intrusion into
this right likely necessitates a case by case evaluation,balancing historical privacy interests and whether there is an
expectation of privacy that people in the state should be entitled to hold.See Am. Legion Post#149 v. Washington State
Dept of Health, 164 Wn.2d 570,598(2008).
43 Chapter 7.98 RCW.
44 RCW 7.98.005.
45 U and T visas provide temporary legal status for persons who are victims of certain crimes and human trafficking,respectively.
46 RCW 7.98.020.
47 Id.
48 Id.
49 Id.
50 Id.
51 Id. ,
52 Id.
53 Id.
PART V:
TRAINING RECOMMENDATIONS & BEST
PRACTICES GUIDANCE
Under Washington law,Washington courthouse facilities must be safe and secure for everyone to
access the courthouse,regardless of their immigration or citizenship status. KWW aims to meet that
obligation by limiting engagement by courthouse personnel in federal immigration enforcement
activities. The guidance and recommendations in this section provide proactive approaches
courthouses may use(or in some cases,are already using),to implement the model policies,to
comply with federal,state,and local law,and to increase access and participation by the public.
A. Training for Courthouse Personnel
The AGO recommends that all Washington courthouse personnel are fully trained to understand and
carry out the model policies and practices adopted by their respective jurisdictions.At a minimum,
training should be required for courthouse security personnel,the court clerk and clerk's office
personnel,any other personnel responsible for maintaining judicial records,and all Washington
state judicial officers and their staffs. To the extent that jurisdictions have already developed and/
or adopted curricula equal to or greater than those outlined below,this guidance is not intended to
displace those efforts. Instead,these training areas reflect a baseline of information that courthouse
personnel should have in order to adequately implement the model policies within this guide. Each
local jurisdiction may wish to include additional topics.
1. Responding to Immigration Enforcement Activities
Training in responding to and documenting immigration enforcement activity or inquiry at the
courthouse is a priority. Courthouse personnel must also be prepared to determine the appropriate
response for any potential disclosures of information,including personnel's ability to communicate
with the appropriate [designee,team,presiding judge,counsel] authority as emerging incidents
occur and assistance is needed.Courthouse personnel will develop working knowledge in the
different types of documents that may be presented for the purpose of immigration enforcement. In
particular,training programs should train personnel on the following:
a. The ability to determine the appropriate response for any potential disclosure of
information,including personnel's ability to communicate with the appropriate [designee,
team,presiding judge,counsel] authority as emerging incidents occur and as assistance is
needed;
b. The ability to identify nonpublic,restricted locations within the courthouse facilities as
well as who may access those restricted locations;
c. The ability to differentiate between administrative warrants and judicial warrants signed
by a judge or magistrate judge;
:.16
Part IV:Training
Recommendations
d. The ability to differentiate between administrative and judicial subpoenas;
e. The procedure for responding to any warrant,subpoena,or order issued in connection with
immigration enforcement activities;and
f. The procedure for documenting any immigration enforcement activity,inquiry,or incident
at the courthouse.
2. The Washington Safety and Access for Immigrant Victims Act: U&T Visa Certification
Requirements
As discussed above,federal law provides specific immigration status for certain people who are
victims of certain crimes or human trafficking.54 The SAIVA ensures that all Washingtonians who
may be eligible for U or T nonimmigrant status have access to these protections by supporting
greater consistency across agencies with certification authority,including law enforcement agencies,
prosecutors,and Washington courts.55
To ensure that all crime survivors are able to access the protections available to them and to prevent
fear of immigration enforcement from making crime survivors reluctant to report crimes or to contact
or cooperate with law enforcement agencies,the SAIVA requires the development and implementation
of training to courthouse personnel,law enforcement,prosecutors,victim advocates,state agencies,and
others on U and T nonimmigrant visas;provides additional legal protections for immigrant survivors
of crime;and provides promising practices for certifying agencies to work with the people for whom
they may be signing certification forms.S6 The SAIVA also requires affirmative outreach,education,and
information be provided by certifying agencies to all people for whom they may be signing certification
forms such that they are made aware of the protections available to them.57
The SAIVA requires certifying agencies in Washington to process all requests under specific timeframes
and sets out the procedures and factors to consider in doing so. In addition,all certifying agencies must
report to the Washington Department of Commerce Office of Crime Victim Advocacy by August 15 of
each year the number of:
a. Certification forms requested;
b. Certification forms signed;
c. Certification forms denied;and
d. Certification forms withdrawn.
Courthouse personnel responsible for carrying out these functions should therefore become familiar
with the SAIVA requirements and follow any recommendations or guidance from the Crime Victim
54 8 U.S.C.§ 1101(a)(15)(T),(U).
55 Chapter 7.98 RCW.
56 RCW 7.98.020.
57 Id.
Part IV:Training
Recommendations
Certification Steering Committee and provide feedback to the Office of Crime Victim Advocacy.58
3. Anti-bias Training
Social science has produced substantial evidence that all individuals experience some form of
implicit bias that can affect interactions and decisions due to a host of characteristics including race,
ethnicity,gender identity or expression,sexual orientation,religion,and socio-economic status.
Social science also indicates that the effects of these biases can be countered through training.
Given the fundamental role of fairness in court proceedings,increasing training for all courthouse
personnel is important to ensure equal justice is provided under the law.
B. Strategies to Provide Greater Access to the Courts
1. Language Access
Meeting the needs of Washington residents'diverse languages is critical to ensuring equal access
to justice and to the services connected to court proceedings.Many state and local court facilities
receive direct or indirect funding from the Department of Justice or other federal agency. Recipients
of such federal assistance must comply with Title VI of the Civil Rights Act of 1964,which prohibits
discrimination on the basis of race,color,and national origin. In 2000,Executive Order 13166
created guidance and obligations for recipients of federal assistance to ensure meaningful access by
Limited English Proficiency persons(LEP). Courthouse personnel should contact the Administrative
Office of the Courts (AOC) as needed for the creation or procurement of language accessible forms
or programming.59
Courthouses should additionally ensure all information regarding facilities and services is accessible
online and updated routinely.To the extent practical and required by law,court websites should
include non-English translations.
2. Remote Access Options
Physical access to courthouse facilities is a priority within these model policies and a right for the
public. However,many jurisdictions in Washington and across the country are exploring alternatives
to increase accessibility to services.Digital access to forms and services is becoming more prevalent
across various state agencies,and technology is increasingly available that would support remote
access. Given that many Washington courthouses already use this technology,these methods offer
assistance with continuity of access in digital spaces across the state and can be used regardless of a
person's immigration or citizenship status.While the AGO is not endorsing any specific technology,
there are benefits to expanding digital access to courthouse resources and services to supplement
efforts to protect physical access to facilities. In tandem with the positive effects of digital access
to courts,courthouses should also be mindful of possible inequities in digital access based on
58 See Wash.State Dep't of Commerce,Safety and Access for Immigrant Victims Program,available online at See
hags://www.commerce.wa.gov/serving-communities/crime-victims-public-safety/office-of-crime-victi ms-
advocacy/safety-and-access-for-immigrant-victims/(last visited May 19,2020)for feedback and reporting
instructions,forms,and Steering Committee meeting minutes.
59 See Chapter 2.42 RCW.
Part IV:Training
Recommendations
socio-economic standing,language access,age and/or disability,or other impediments to equal
participation. °In addition,digital access to courthouse facilities does not reduce the challenges
of safeguarding privacy. Precautions must be taken by courts that choose to explore remote access
to their facilities to protect data privacy and the interests of the parties appearing in their court
proceedings.
3. Preventing Failures to Appear in Court
Vulnerable populations may be subject to disproportionate penalties through missed court dates,
such as warrants for arrest that may become grounds for a criminal arrest and result in immigration
enforcement actions. Further,adequately notifying residents of required court attendance,court
deadlines,or other pending obligations allows individuals to make arrangements should they need
to request accompaniment services,legal services,or language access.In addition,individuals may
need additional time arranging emergency plans,such as designating an appropriate guardian for
their children,should a family separation occur.
Therefore,an additional strategy to increase access to the court is the use of supplemental
communication tools,such as phone,email,text message and other digital notifications of court
dates,61 to prevent failures to appear in court. Pilot programs across the country62 show promising
results for increasing court attendance using digital notifications (in addition to traditional mailed
reminders) for those scheduled to appear.These techniques are helpful for all people utilizing court
services,but play an especially important role for vulnerable communities,including immigrants
and indigent populations.
4. Waiving Unnecessary In-Person Court Appearances
Washington courts should further consider circumstances in which waiver of personal appearance
in court by a party may be permissible. Currently,Washington court rules allow for such a waiver
in limited circumstances.63 There may be additional hearings in both criminal and civil proceedings
where it is unnecessary for a party to personally appear and a party has consented to representation
during the proceeding through counsel.
60 For example,courts should consider these factors when determining whether pretrial confinement should take
place in facilities that limit visitation to paid video contact.
61 Urban Labs,University of Chicago, Using Behavioral Science to Improve Criminal Justice Outcomes,
available online at https://urbanlabs.uchicago.edu/attachments/3b31252760b28d3b44adla8d964d0f1e9128af34/
store/9c86b 123e3b00a5da58318f438a6e787dd0I d66d0efad54d66aa732a6473/142-954_NYCSummonsPaper
Final_Mar2018.pdf(last visited May 18,2020)(full report by the University of Chicago Crime Lab documenting
the efficacy of such tools).
62 National Center for State Courts, Use of Court Date Reminder Notices to Improve Court Appearance Rates,
available online at https://www.ncsc.org/—/media/Microsites/Files/PJCC/PJCC%20Brief%2010%20Sept%20
2017%20Court%20Date%20Notification%20Systems.ashx(last visited May 18,2020)(a 2017 brief
containing pilots of pretrial notification programs,including King County's pretrial notification system).
63 See, e.g.,CrR 3.4;CrRLJ 3.4
19
Part IV:Training
Recommendations
C. Facilitating Access to Services
1. Navigation of Courthouse Facilities
Courthouse facilities and the various offices and/or services available within or near them may
not be obvious to visitors.By implementing clear navigation maps,posting information about the
procedures for accessing facilities and about services available within the property,the public can
more easily arrange meeting locations or find their way to the services they are seeking. Courthouses
should develop and maintain maps of premises,along with the services offered within them.They
should make these available on their websites and feature them prominently near the entrances of
courthouse facilities. Jurisdictions could include information relevant to the services they offer on or
near these maps,such as accompaniment services,recording services,interpretation and translation
services,security,the prosecutor's office,and public defense.64
2. Accompaniment Services
In cases of domestic violence or other sensitive proceedings,state and community organizations
across the state offer accompaniment services for the injured party to feel safer accessing and/
or navigating court services. Accompaniment programs are also being used for people facing any
number of impediments accessing court services,such as lack of adequate transportation to a
courthouse facility,disability,or safety. Some courts in Washington offer security accompaniments
for people leaving the courthouse to get to their means of transportation safely. Courthouses could
build upon these resources by formalizing accompaniment services.Accompaniment services could
be arranged with community organizations,state and or local government actors,or courthouse
personnel as possible.If accompaniment services are implemented in a jurisdiction,relevant
personnel should be trained to follow existing courthouse protocols and privacy protections.At a
minimum,measures should be taken to inform the public of the availability of these services and
methods for requesting them.
3. Pseudonyms
As discussed above,the use of pseudonyms by parties and witnesses can also facilitate greater
participation in court proceedings under appropriate circumstances.65 Courthouses should consider
additional protocols for allowing the use of pseudonyms,displaying case numbers and not names on
dockets,or otherwise restricting the disclosure of the identity of individuals,where factors warrant
such action and in accordance with applicable legal standards.Courthouse personnel should also be
trained to ensure that individuals are afforded these privacy protections.Moreover,the public should
be informed of the availability of the services and methods for requesting them,including on the
court's website.
64 Courts could also consider making information regarding free legal services available in their clerks'offices.
65 See Lewis and Clark Law School,National Crime Victim Law Institute,Protective Victim's Privacy Rights:
The Use of Pseudonyms in Criminal Cases(2014),available online at https://law.lclark.edu/live/files/21757-
protecting-victims-privacy-rightsthe-use-of(last visited May 19,2020);Lewis and Clark Law School,National
Crime Victim Law Institute,Protective Victim's Privacy Rights:The Use of Pseudonyms in Civil Law Suits
(2011)available online at https://law.lclark.edu/live/files/11778-protecting-victims-privacy-rights-the-use-of
(last visited May 19,2020).
20
Part IV:Training
Recommendations
D. Consular Notification Requirements
KWW also contains key provisions to ensure state and local compliance with federal treaty
obligations and consular notification requirements. The law requires that,upon the commitment or
detention of any person,state and local law enforcement agencies explain in writing:
1. The person's right to withhold their nationality,citizenship,or immigration status;and
2. That disclosure of such information may result in civil or criminal immigration enforcement,
including removal from the United States.66
The Vienna Convention on Consular Relations (Convention) sets notification requirements for
detained or arrested foreign nationals and consular officers'access to detained foreign nationals.67
The Convention does not require inquiry into,or retention of,immigration or citizenship status.
The Convention requires foreign consuls must have access to communicate with their nationals,and
vice versa.68 Further,foreign nationals have the right to request that their consuls be notified of their
detention and local authorities must inform them without delay of that right.69
In addition,the United States has bilateral agreements with 56 other countries to automatically
notify foreign consuls upon the detention of one of their nationals.70 If a law enforcement agency
becomes aware that a person in their custody is a national of one of these countries,consular notice is
mandatory.
Many local jurisdictions in Washington comply with these obligations,and those established in
KWW,by providing consular notification advisement to persons detained by law enforcement during
and/or following their preliminary appearance in court.Judicial officers should thus ensure that
all preliminary appearance hearings allow for such advice to be given. Judicial officers should also
encourage law enforcement agencies,prosecutors,and defense counsel to coordinate amongst their
agencies to ensure that these procedures are properly followed.
E. Coordination with other Courthouse Facilities and Programs
Designated courthouse personnel are encouraged to track completed trainings and communicate
training protocols or curriculums with other state,municipal,or local jurisdictions and private
entities operating within or in connection to courthouse facilities. This practice is intended to
increase awareness and cohesion of available programming.
F. Compliance Monitoring
To ensure compliance with KWW and the courthouse's policies,audits are recommended to
evaluate (a) instances of immigration enforcement, (b) utilization of courthouse services such as
accompaniment and remote digital access,and(c) compliance of subcontractors,third parties,and
66 RCW 10.93.160(9)(a).
67 Vienna Convention on Consular Relations,ratified Nov. 12, 1969,21 U.S.T.77.
68 Id.art.36(1)(a).
69 Id.art.36(1)(b).
70 A list of the mandatory notification countries from the U.S.Department of State Bureau of Consular Affairs is
in Appendix L.
Part IV:Training
Recommendations
co-located agencies with KWW. Based on these audits,jurisdictions should evaluate their courthouse
policies and services for improvements and share recommendations with the State and other
jurisdictions and Washington courts based on their findings.
As jurisdictions review and modify their courthouse policies based on KWW,they should submit
their amended policies to the AGO to ensure that the information the AGO maintains and provides
to the public is up-to-date.
G. Feedback to the State
Courthouse personnel should identify the most appropriate avenue to communicate ongoing needs
and impacts of their KWW policies and procedures with their local jurisdictions and the State. In
addition to informing the State on the courts'experiences and lessons learned,other courts and
public agencies may be able to utilize feedback to make improvements of their own.
A formal channel for submitting feedback to the State is recommended,preferably with participation
from all branches of state government, representation by local jurisdictions,and input from
community stakeholders.
22
PART VI:
APPENDIX }'
Appendixes begin on the next page.
CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE SENATE BILL 5497
Chapter 440, Laws of 2019
66th Legislature
2019 Regular Session
IMMIGRANTS--STATEWIDE POLICY
EFFECTIVE DATE: May 21, 2019
Passed by the Senate April 24, 2019 CERTIFICATE
Yeas 27 Nays 21
I, Brad Hendrickson, Secretary of
the Senate of the State of
CYRUS HABIB Washington, do hereby certify that
President of the Senate the attached is ENGROSSED SECOND
SUBSTITUTE SENATE BILL 5497 as
passed by the Senate and the House
Passed by the House April 12, 2019 of Representatives on the dates
hereon set forth.
Yeas 57 Nays 38
BRAD HENDRICKSON
FRANK CHOPP
Secretary
Speaker of the House of Representatives
Approved May 21, 2019 1:39 PM FILED
May 21, 2019
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
24
ENGROSSED SECOND SUBSTITUTE SENATE BILL 5497
AS AMENDED BY THE HOUSE
Passed Legislature - 2019 Regular Session
State of Washington 66th Legislature 2019 Regular Session
By Senate Ways & Means (originally sponsored by Senators Wellman,
Nguyen, Hasegawa, Kuderer, Frockt, Das, Keiser, Saldana, Mullet,
McCoy, Randall, Cleveland, Hunt, Liias, Conway, and Darneille)
READ FIRST TIME 03/01/19.
1 AN ACT Relating to establishing a statewide policy supporting
2 Washington state' s economy and immigrants' role in the workplace;
3 adding new sections to chapter 43. 17 RCW; adding a new section to
4 chapter 43.330 RCW; adding a new section to chapter 43. 10 RCW; adding
5 a new section to chapter 10. 93 RCW; creating new sections; repealing
6 RCW 10.70. 140 and 10.70. 150; and declaring an emergency.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8 NEW SECTION. Sec. 1. (1) The legislature finds that Washington
9 state has a thriving economy that spans both east and west, and
10 encompasses agriculture, food processing, timber, construction,
11 health care, technology, and the hospitality industries.
12 (2) The legislature also finds that Washington employers rely on
13 a diverse workforce to ensure the economic vitality of the state.
14 Nearly one million Washingtonians are immigrants, which is one out of
15 every seven people in the state. Immigrants make up over sixteen
16 percent of the workforce. In addition, fifteen percent of all
17 business owners in the state were born outside the country, and these
18 business owners have a large impact on the economy through innovation
19 and the creation of jobs. Immigrants make a significant contribution
20 to the economic vitality of this state, and it is essential that the
p. 1 E2SSB 5497 .SL
Appendix A
1 state have policies that recognize their importance to Washington's
2 economy.
3 (3) In recognition of this significant contribution to the
4 overall prosperity and strength of Washington state, the legislature,
5 therefore, has a substantial and compelling interest in ensuring the
6 state of Washington remains a place where the rights and dignity of
7 all residents are maintained and protected in order to keep
8 Washington working.
9 NEW SECTION. Sec. 2 . A new section is added to chapter 43. 17
10 RCW to read as follows:
11 The definitions in this section apply throughout this section and
12 sections 3 through 9 of this act unless the context clearly requires
13 otherwise.
14 (1) "Civil immigration warrant" means any warrant for a violation
15 of federal civil immigration law issued by a federal immigration
16 authority. A "civil immigration warrant" includes, but is not limited
17 to, administrative warrants issued on forms I-200 or I-203, or their
18 successors, and civil immigration warrants entered in the national
19 crime information center database.
20 (2) "Court order" means a directive issued by a judge or
21 magistrate under the authority of Article III of the United States
22 Constitution or Article IV of the Washington Constitution. A "court
23 order" includes but is not limited to warrants and subpoenas.
24 (3) "Federal immigration authority" means any officer, employee,
25 or person otherwise paid by or acting as an agent of the United
26 States department of homeland security including but not limited to
27 its subagencies, immigration and customs enforcement and customs and
28 border protection, and any present or future divisions thereof,
29 charged with immigration enforcement.
30 (4) "Health facility" has the same meaning as the term "health
31 care facility" provided in RCW 70. 175. 020, and includes substance
32 abuse treatment facilities.
33 (5) "Hold request" or "immigration detainer request" means a
34 request from a federal immigration authority, without a court order,
35 that a state or local law enforcement agency maintain custody of an
36 individual currently in its custody beyond the time he or she would
37 otherwise be eligible for release in order to facilitate transfer to
38 a federal immigration authority. A "hold request" or "immigration
39 detainer request" includes, but is not limited to, department of
p. 2 E2SSB 5497.SL
26
1 homeland security form I-247A or prior or subsequent versions of form
2 I-247 .
3 (6) "Immigration detention agreement" means any contract,
4 agreement, intergovernmental service agreement, or memorandum of
5 understanding that permits a state or local law enforcement agency to
6 house or detain individuals for federal civil immigration violations.
7 (7) "Immigration or citizenship status" means as such status has
8 been established to such individual under the immigration and
9 nationality act.
10 (8) "Language services" includes but is not limited to
11 translation, interpretation, training, or classes . Translation means
12 written communication from one language to another while preserving
13 the intent and essential meaning of the original text. Interpretation
14 means transfer of an oral communication from one language to another.
15 (9) "Local government" means any governmental entity other than
16 the state, federal agencies, or an operating system established under
17 chapter 43.52 RCW. It includes, but is not limited to, cities,
18 counties, school districts, and special purpose districts.
19 (10) "Local law enforcement agency" means any agency of a city,
20 county, special district, or other political subdivision of the state
21 that is a general authority Washington law enforcement agency, as
22 defined by RCW 10. 93. 020, or that is authorized to operate jails or
23 to maintain custody of individuals in jails; or to operate juvenile
24 detention facilities or to maintain custody of individuals in
25 juvenile detention facilities; or to monitor compliance with
26 probation or parole conditions.
27 (11) "Notification request" means a request from a federal
28 immigration authority that a state or local law enforcement agency
29 inform a federal immigration authority of the release date and time
30 in advance of the release of an individual in its custody.
31 "Notification request" includes, but is not limited to, the
32 department of homeland security's form I-247A, form I-247N, or prior
33 or subsequent versions of such forms.
34 (12) "Physical custody of the department of corrections" means
35 only those individuals detained in a state correctional facility but
36 does not include minors detained pursuant to chapter 13. 40 RCW, or
37 individuals in community custody as defined in RCW 9. 94A. 030.
38 (13) "Public schools" means all public elementary and secondary
39 schools under the jurisdiction of local governing boards or a charter
p. 3 E2SSB 5497 .SL
Appendix A
1 school board and all institutions of higher education as defined in
2 RCW 283. 10. 016.
3 (14) "School resource officer" means a commissioned law
4 enforcement officer in the state of Washington with sworn authority
5 to uphold the law and assigned by the employing police department or
6 sheriff's office to work in schools to ensure school safety. By
7 building relationships with students, school resource officers work
8 alongside school administrators and staff to help students make good
9 choices. School resource officers are encouraged to focus on keeping
10 students out of the criminal justice system when possible and not
11 impose criminal sanctions in matters that are more appropriately
12 handled within the educational system.
13 (15) "State agency" has the same meaning as provided in RCW
14 42.56. 010.
15 (16) "State law enforcement agency" means any agency of the state
16 of Washington that:
17 (a) Is a general authority Washington law enforcement agency as
18 defined by RCW 10. 93.020;
19 (b) Is authorized to operate prisons or to maintain custody of
20 individuals in prisons; or
21 (c) Is authorized to operate juvenile detention facilities or to
22 maintain custody of individuals in juvenile detention facilities.
23 NEW SECTION. Sec. 3. A new section is added to chapter 43.330
24 RCW to read as follows:
25 (1) A keep Washington working statewide work group is established
26 within the department. The work group must:
27 (a) Develop strategies with private sector businesses, labor, and
28 immigrant advocacy organizations to support current and future
29 industries across the state;
30 (b) Conduct research on methods to strengthen career pathways for
31 immigrants and create and enhance partnerships with projected growth
32 industries;
33 (c) Support business and agriculture leadership, civic groups,
34 government, and immigrant advocacy organizations in a statewide
35 effort to provide predictability and stability to the workforce in
36 the agriculture industry; and
37 (d) Recommend approaches to improve Washington' s ability to
38 attract and retain immigrant business owners that provide new
39 business and trade opportunities.
p. 4 E2SSB 5497 . SL
Appendix A
1 (2) The work group must consist of eleven representatives, each
2 serving a term of three years, representing members from
3 geographically diverse immigrant advocacy groups, professional
4 associations representing business, labor organizations with a
5 statewide presence, agriculture and immigrant legal interests, faith-
6 based community nonprofit organizations, legal advocacy groups
7 focusing on immigration and criminal justice, academic institutions,
8 and law enforcement. The terms of the members must be staggered.
9 Members of the work group must select a chair from among the
10 membership. The work group must meet at least four times a year and
11 hold meetings in various locations throughout the state. Following
12 each meeting, the work group must report on its status, including
13 meeting minutes and a meeting summary to the department. The
14 department must provide a report to the legislature annually.
15 (3) In addition to the duties and powers described in RCW
16 43.330. 040, it is the director's duty to provide support to the work
17 group.
18 (4) The definitions in section 2 of this act apply to this
19 section.
20 NEW SECTION. Sec. 4. A new section is added to chapter 43. 10
21 RCW to read as follows:
22 (1) The attorney general, in consultation with appropriate
23 stakeholders, must publish model policies within twelve months after
24 the effective date of this section for limiting immigration
25 enforcement to the fullest extent possible consistent with federal
26 and state law at public schools, health facilities operated by the
27 state or a political subdivision of the state, courthouses, and
28 shelters, to ensure they remain safe and accessible to all Washington
29 residents, regardless of immigration or citizenship status.
30 (2) All public schools, health facilities either operated by the
31 state or a political subdivision of the state, and courthouses must:
32 (a) Adopt necessary changes to policies consistent with the model
33 policy; or
34 (b) Notify the attorney general that the agency is not adopting
35 the changes to its policies consistent with the model policy, state
36 the reasons that the agency is not adopting the changes, and provide
37 the attorney general with a copy of the agency's policies.
p. 5 E2SSB 5497 .SL
Appendix A
1 (3) All other organizations and entities that provide services
2 related to physical or mental health and wellness, education, or
3 access to justice, are encouraged to adopt the model policy.
4 (4) Implementation of any policy under this section must be in
5 accordance with state and federal law; policies, grants, waivers, or
6 other requirements necessary to maintain funding; or other agreements
7 related to the operation and functions of the organization, including
8 databases within the organization.
9 (5) The definitions in section 2 of this act apply to this
10 section.
11 NEW SECTION. Sec. 5. A new section is added to chapter 43.17
12 RCW to read as follows:
13 (1) Except as provided in subsection (3) of this section, no
14 state agency, including law enforcement, may use agency funds,
15 facilities, property, equipment, or personnel to investigate,
16 enforce, cooperate with, or assist in the investigation or
17 enforcement of any federal registration or surveillance programs or
18 any other laws, rules, or policies that target Washington residents
19 solely on the basis of race, religion, immigration, or citizenship
20 status, or national or ethnic origin. This subsection does not apply
21 to any program with the primary purpose of providing persons with
22 services or benefits, or to RCW 9. 94A. 685.
23 (2) Except as provided in subsection (3) of this section, the
24 state agencies listed in subsections (5) and (6) of this section
25 shall review their policies and identify and make any changes
26 necessary to ensure that:
27 (a) Information collected from individuals is limited to the
28 minimum necessary to comply with subsection (3) of this section;
29 (b) Information collected from individuals is not disclosed
30 except as necessary to comply with subsection (3) of this section or
31 as permitted by, state or federal law;
32 (c) Agency employees may not condition services or request
33 information or proof regarding a person's immigration status,
34 citizenship status, or place of birth; and
35 (d) Public services are available to, and agency employees shall
36 serve, all Washington residents without regard to immigration or
37 citizenship status.
38 (3) Nothing in subsection (1) or (2) of this section prohibits
39 the collection, use, or disclosure of information that is:
p. 6 E2SSB 5497 .SL
Appendix A
1 (a) Required to comply with state or federal law;
2 (b) In response to a lawfully issued court order;
3 (c) Necessary to perform agency duties, functions, or other
4 business, as permitted by statute or rule, conducted by the agency
5 that is not related to immigration enforcement;
6 (d) Required to comply with policies, grants, waivers, or other
7 requirements necessary to maintain funding; or
8 (e) In the form of deidentified or aggregated data, including
9 census data.
10 (4) Any changes to agency policies required by this section must
11 be made as expeditiously as possible, consistent with agency
12 procedures. Final policies must be published.
13 (5) The following state agencies shall begin implementation of
14 this section within twelve months after the effective date of this
15 section and demonstrate full compliance by December 1, 2021 :
16 (a) Department of licensing;
17 (b) Department of labor and industries;
18 (c) Employment security department;
19 (d) Department of revenue;
20 (e) Department of health;
21 (f) Health care authority;
22 (g) Department of social and health services;
23 (h) Department of children, youth, and families;
24 (i) Office of the superintendent of public instruction;
25 (j ) State patrol.
26 (6) The following state agencies may begin implementation of this
27 section by December 1, 2021, and must demonstrate full compliance by
28 December 1, 2023:
29 (a) Department of agriculture;
30 (b) Department of financial institutions;
31 (c) Department of fish and wildlife;
32 (d) Department of natural resources;
33 (e) Department of retirement systems;
34 (f) Department of services for the blind;
35 (g) Department of transportation.
36 NEW SECTION. Sec. 6. A new section is added to chapter 10.93
37 RCW to read as follows:
38 (1) The definitions contained in section 2 of this act apply to
39 this section.
p. 7 E2SSB 5497 .SL
1 (2) The legislature finds that it is not the primary purpose of
2 state and local law enforcement agencies or school resource officers
3 to enforce civil federal immigration law. The legislature further
4 finds that the immigration status of an individual or an individual 's
5 presence in, entry, or reentry to, or employment in the United States
6 alone, is not a matter for police action, and that United States
7 federal immigration authority has primary jurisdiction for
8 enforcement of the provisions of Title 8 U.S.C. dealing with illegal
9 entry.
10 (3) School resource officers, when acting in their official
11 capacity as a school resource officer, may not:
12 (a) Inquire into or collect information about an individual ' s
13 immigration or citizenship status, or place of birth; or
14 (b) Provide information pursuant to notification requests from
15 federal immigration authorities for the purposes of civil immigration
16 enforcement, except as required by law.
17 (4) State and local law enforcement agencies may not:
18 (a) Inquire into or collect information about an individual's
19 immigration or citizenship status, or place of birth unless there is
20 a connection between such information and an investigation into a
21 violation of state or local criminal law; or
22 (b) Provide information pursuant to notification requests from
23 federal immigration authorities for the purposes of civil immigration
24 enforcement, except as required by law.
25 (5) State and local law enforcement agencies may not provide
26 nonpublicly available personal information about an individual,
27 including individuals subject to community custody pursuant to RCW
28 9. 94A.701 and 9. 94A.702, to federal immigration authorities in a
29 noncriminal matter, except as required by state or federal law.
30 (6) (a) State and local law enforcement agencies may not give
31 federal immigration authorities access to interview individuals about
32 a noncriminal matter while they are in custody, except as required by
33 state or federal law, a court order, or by (b) of this subsection.
34 (b) Permission may be granted to a federal immigration authority
35 to conduct an interview regarding federal immigration violations with
36 a person who is in the custody of a state or local law enforcement
37 agency if the person consents in writing to be interviewed. In order
38 to obtain consent, agency staff shall provide the person with an oral
39 explanation and a written consent form that explains the purpose of
40 the interview, that the interview is voluntary, and that the person
p. 8 E2SSB 5497 .SL
Appendix A
1 may decline to be interviewed or may choose to be interviewed only
2 with the person's attorney present. The form must state explicitly
3 that the person will not be punished or suffer retaliation for
4 declining to be interviewed. The form must be available at least in
5 English and Spanish and explained orally to a person who is unable to
6 read the form, using, when necessary, an interpreter from the
7 district communications center "language line" or other district
8 resources.
9 (7) An individual may not be detained solely for the purpose of
10 determining immigration status.
11 (8) An individual must not be taken into custody, or held in
12 custody, solely for the purposes of determining immigration status or
13 based solely on a civil immigration warrant, or an immigration hold
14 request.
15 (9) (a) To ensure compliance with all treaty obligations,
16 including consular notification, and state and federal laws, on the
17 commitment or detainment of any individual, state and local law
18 enforcement agencies must explain in writing:
19 (i) The individual's right to refuse to disclose their
20 nationality, citizenship, or immigration status; and
21 (ii) That disclosure of their nationality, citizenship, or
22 immigration status may result in civil or criminal immigration
23 enforcement, including removal from the United States.
24 (b) Nothing in this subsection allows for any violation of
25 subsection (4) of this section.
26 (10) A state and local government or law enforcement agency may
27 not deny services, benefits, privileges, or opportunities to
28 individuals in custody, or under community custody pursuant to RCW
29 9. 94A.701 and 9. 94A.702, or in probation status, on the basis of the
30 presence of an immigration detainer, hold, notification request, or
31 civil immigration warrant, except as required by law or as necessary
32 for classification or placement purposes for individuals in the
33 physical custody of the department of corrections.
34 (11) No state or local law enforcement officer may enter into any
35 contract, agreement, or arrangement, whether written or oral, that
36 would grant federal civil immigration enforcement authority or powers
37 to state and local law enforcement officers, including but not
38 limited to agreements created under 8 U.S.C. Sec. 1357 (g) , also known
39 as 287 (g) agreements.
p. 9 E2SSB 5497 . SL
1 (12) (a) No state agency or local government or law enforcement
2 officer may enter into an immigration detention agreement. All
3 immigration detention agreements must be terminated no later than one
4 hundred eighty days after the effective date of this section, except
5 as provided in (b) of this subsection.
6 (b) Any immigration detention agreement in effect prior to
7 January 1, 2019, and under which a payment was made between July 1,
8 2017, and December 31, 2018, may remain in effect until the date of
9 completion or December 31, 2021, whichever is earlier.
10 (13) No state or local law enforcement agency or school resource
11 officer may enter into or renew a contract for the provision of
12 language services from federal immigration authorities, nor may any
13 language services be accepted from such for free or otherwise.
14 (14) The department of corrections may not give federal
15 immigration authorities access to interview individuals about federal
16 immigration violations while they are in custody, except as required
17 by state or federal law or by court order, unless such individuals
18 consent to be interviewed in writing. Before agreeing to be
19 interviewed, individuals must be advised that they will not be
20 punished or suffer retaliation for declining to be interviewed.
21 (15) Subsections (3) through (6) of this section do not apply to
22 individuals who are in the physical custody of the department of
23 corrections .
24 (16) Nothing in this section prohibits the collection, use, or
25 disclosure of information that is:
26 (a) Required to comply with state or federal law; or
27 (b) In response to a lawfully issued court order.
28 NEW SECTION. Sec. 7. To ensure state and law enforcement
29 agencies are able to foster the community trust necessary to maintain
30 public safety, within twelve months of the effective date of this
31 section, the attorney general must, in consultation with appropriate
32 stakeholders, publish model policies, guidance, and training
33 recommendations consistent with this act and state and local law,
34 aimed at ensuring that state and local law enforcement duties are
35 carried out in a manner that limits, to the fullest extent
36 practicable and consistent with federal and state law, engagement
37 with federal immigration authorities for the purpose of immigration
38 enforcement. All state and local law enforcement agencies must
39 either:
p. 10 E2SSB 5497 .SL
Appendix A
1 (1) Adopt policies consistent with that guidance; or
2 (2) Notify the attorney general that the agency is not adopting
3 the guidance and model policies, state the reasons that the agency is
4 not adopting the model policies and guidance, and provide the
5 attorney general with a copy of the agency's policies to ensure
6 compliance with this act.
7 NEW SECTION. Sec. 8. No section of this act is intended to
8 limit or prohibit any state or local agency or officer from:
9 (1) Sending to, or receiving from, federal immigration
10 authorities the citizenship or immigration status of a person, or
11 maintaining such information, or exchanging the citizenship or
12 immigration status of an individual with any other federal, state, or
13 local government agency, in accordance with 8 U.S.C. Sec. 1373; or
14 (2) Complying with any other state or federal law.
15 NEW SECTION. Sec. 9. If any part of this act is found to be in
16 conflict with federal requirements that are a prescribed condition to
17 the allocation of federal funds to the state, the conflicting part of
18 this act is inoperative solely to the extent of the conflict and with
19 respect to the agencies directly affected, and this finding does not
20 affect the operation of the remainder of this act in its application
21 to the agencies concerned. Rules adopted under this act must meet
22 federal requirements that are a necessary condition to the receipt of
23 federal funds by the state.
24 NEW SECTION. Sec. 10. The following acts or parts of acts are
25 each repealed:
26 (1) RCW 10.70. 140 (Aliens committed—Notice to immigration
27 authority) and 1992 c 7 s 29 & 1925 ex. s. c 169 s 1; and
28 (2) RCW 10.70.150 (Aliens committed—Copies of clerk's records)
29 and 1925 ex.s. c 169 s 2 .
30 NEW SECTION. Sec. 11. If specific funding for the purposes of
31 this act, referencing this act by bill or chapter number, is not
32 provided by June 30, 2019, in the omnibus appropriations act, this
33 act is null and void.
34 NEW SECTION. Sec. 12. This act is necessary for the immediate
35 preservation of the public peace, health, or safety, or support of
p. 11 E2SSB 5497.SL
Appendix A
1 the state government and its existing public institutions, and takes
2 effect immediately.
Passed by the Senate April 24, 2019.
Passed by the House April 12, 2019.
Approved by the Governor May 21, 2019.
Filed in Office of Secretary of State May 21, 2019.
--- END ---
p. 12 E2SSB 5497 .SL 36
U.S.DEPARTMENT OF HOMELAND SECURITY Warrant for :krrest of_alien
File No.
Date:
To: Any immigration officer authorized pursuant to sections 236 and 287 of the
Immigration and Nationality Act and part 287 of title 8,Code of Federal
Regulations,to serve warrants of arrest for immigration violations
I have determined that there is probable cause to believe that
is removable from the United States. This determination is based upon:
❑ the execution of a charging document to initiate removal pro ceedings against the subject;
O the pendency of ongoing removal proceedings against sub' t;
❑ the failure to establish admissibility subsequent to deferr- . sp • en;
❑ biometric confirmation of the subject's ide '- a recor check of federal
databases that affirmatively indicate, by th- .e or ion to other reliable
information,that the subject either lacks • igr. .n stat or notwithstanding such status
is removable under U.S. immigration • a
❑ statements made voluntarily . the s •- o .' ' immigration officer and/or other
reliable evidence that affirmati • a th subject either lacks immigration status or
notwithstanding such stat is rem. -b - .er U.S. immigration law.
YOU ARE COMMANDED to e '. , e into custody for removal proceedings under the
Immigration and Natio Act, _,- above-named alien.
(Signature of Authorized Immigration Officer)
(Printed Name and Title of Authorized Immigration Officer)
Certificate of Service
I hereby certify that the Warrant for Arrest of Alien was served by me at
(Location)
on on , and the contents of this
(Name of Alien) (Date of Service)
notice were read to him or her in the language.
(Language)
Name and Signature of Officer Name or Number of Interpreter(if applicable)
Form I-200(Rev.09/16) 1111
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
WARRANT OF REMOVAL/DEPORTATION
File No:
Date:
To any immigration officer of the United States Department of Homeland Security:
(Full name of alien)
who entered the United States at on
(Place of entry) (Date of entry)
is subject to removal/deportation from the United States, based upon a final order by:
❑ an immigration judge in exclusion, deportation, or removal proceedings
❑ a designated official
❑ the Board of Immigration Appeals
❑ a United States District or Magistrate Court Judge
and pursuant to the following provisions of the Immigration and Nationality Act:
I,the undersigned officer of the United States, by virtue of the power and authority vested in the Secretary of Homeland
Security under the laws of the United States and by his or her direction, command you to take into custody and remove
from the United States the above-named alien, pursuant to law, at the expense of:
(Signature of immigration officer)
(Title of immigration officer)
(Date and office location)
ICE Form 1-205(8/07) Page 1 of 2
To be completed by immigration officer executing the warrant: Name of alien being removed:
Port, date,and manner of removal:
Photograph of alien Right index fingerprint
removed of alien removed
(Signature of alien being fingerprinted)
(Signature and title of immigration officer taking print)
Departure witnessed by:
(Signature and title of immigration officer)
If actual departure is not witnessed,fully id tify source or means of verification of departure:
If self-removal (self-deportation), pursuant to 8 CFR 241.7, check here. ❑
Departure Verified by:
(Signature and title of immigration officer)
ICE Form 1-205(8/07) Page 2 of 2
DEPARTMENT OF HOMELAND SECURITY
IMMIGRATION DETAINER-NOTICE OF ACTION
Subject ID: File No:
Event#: Date:
TO:(Name and Title of Institution-OR Any Subsequent Law FROM:(Department of Homeland Security Office Address)
Enforcement Agency)
MAINTAIN CUSTODY OF ALIEN FOR A PERIOD NOT TO EXCEED 48 HOURS
Name of Alien:
Date of Birth: Nationality: Sex:
THE U.S.DEPARTMENT OF HOMELAND SECURITY(DHS)HAS TAKEN THE FOLLOWING ACTION RELATED TO
THE PERSON IDENTIFIED ABOVE,CURRENTLY IN YOUR CUSTODY:
❑ Determined that there is reason to believe the individual is an alien subject to removal from the United States.The individual(check
all that apply):
has a prior a felony conviction or has been charged with a felony has been convicted of illegal entry pursuant to 8 U.S.C.§
offense; 1325;
has three or more prior misdemeanor convictions; has illegally re-entered the country after a previous removal
has a prior misdemeanor conviction or has been charged with a or return;
misdemeanor for an offense that involves violence,threats,or has been found by an immigration officer or an immigration
assaults;sexual abuse or exploitation;driving under the influence judge to have knowingly committed immigration fraud;
of alcohol or a controlled substance,unlawful flight from the - otherwise poses a significant risk to national security,border
scene of an accident;the unlawful possession or use of a firearm security,or public safety;and/or
or other deadly weapon,the distribution or trafficking of a - other(specify):
controlled substance;or other significant threat to public safety;
❑ Initiated removal proceedings and served a Notice to Appear or other charging document.A copy of the charging document is
attached and was served on (date).
❑ Served a warrant of arrest for removal proceedings.A copy of the warrant is attached and was served on (date).
❑ Obtained an order of deportation or removal from the United States for this person.
This action does not limit your discretion to make decisions related to this person's custody classification,work,quarter
assignments,or other matters.DHS discourages dismissing criminal charges based on the existence of a detainer.
IT IS REQUESTED THAT YOU:
❑Maintain custody of the subject for a period NOT TO EXCEED 48 HOURS,excluding Saturdays,Sundays,and holidays,beyond
the time when the subject would have otherwise been released from your custody to allow DHS to take custody of the subject.This
request derives from federal regulation 8 C.F.R.§287.7. For purposes of this immigration detainer,you are not authorized to hold
the subject beyond these 48 hours.As early as possible prior to the time you otherwise would release the subject,please notify
DHS by calling during business hours or after hours or in an emergency. If you cannot reach a
DHS Official at these numbers,please contact the ICE Law Enforcement Support Center in Burlington,Vermont at:(802)872-6020.
❑ Provide a copy to the subject of this detainer.
❑ Notify this office of the time of release at least 30 days prior to release or as far in advance as possible.
❑ Notify this office in the event of the inmate's death,hospitalization or transfer to another institution.
❑ Consider this request for a detainer operative only upon the subject's conviction.
❑ Cancel the detainer previously placed by this Office on (date).
(Name and title of Immigration Officer) (Signature of Immigration Officer)
TO BE COMPLETED BY THE LAW ENFORCEMENT AGENCY CURRENTLY HOLDING THE SUBJECT OF THIS NOTICE:
Please provide the information below,sign,and return to DHS using the envelope enclosed for your convenience or by faxing a copy
to .You should maintain a copy for your own records so you may track the case and not hold the
subject beyond the 48-hour period.
Local Booking/Inmate#: Latest criminal charge/conviction: (date) Estimated release: (date)
Last criminal charge/conviction:
Notice:Once in our custody,the subject of this detainer may be removed from the United States.If the individual may be the victim of a
crime,or if you want this individual to remain in the United States for prosecution or other law enforcement purposes,including acting
as a witness,please notify the ICE Law Enforcement Support Center at(802)872-6020.
(Name and title of Officer) (Signature of Officer)
DHS Form 1-247(12/12) Page 1 of
NOTICE TO THE DETAINEE
The Department of Homeland Security (DHS) has placed an immigration detainer on you. An immigration detainer is a notice from
DHS informing law enforcement agencies that DHS intends to assume custody of you after you otherwise would be released from
custody. DHS has requested that the law enforcement agency which is currently detaining you maintain custody of you for a period not
to exceed 48 hours(excluding Saturdays, Sundays, and holidays)beyond the time when you would have been released by the state or
local law enforcement authorities based on your criminal charges or convictions. If OHS does not take you into custody during that
additional 48 hour period, not counting weekends or holidays,you should contact your custodian(the law enforcement agency
or other entity that is holding you now) to inquire about your release from state or local custody. If you have a complaint regarding
this detainer or related to violations of civil rights or civil liberties connected to OHS activities, please contact the ICE Joint
Intake Center at 1-877-2INTAKE (877-246-8253). If you believe you are a United States citizen or the victim of a crime, please
advise DHS by calling the ICE Law Enforcement Support Center toll free at(855)448-6903.
NOTIFICACION A LA PERSONA DETENIDA
El Departamento de Seguridad Nacional (DHS) de EE. UU. ha emitido una orden de detenciOn inmigratoria en su contra. Mediante
esta orden,se notifica a los organismos policiales que el DHS pretende arrestarlo cuando usted cumpla su reclusion actual. El DHS ha
solicitado que el organismo policial local o estatal a cargo de su actual detencion to mantenga en custodia por un periodo no mayor a
48 horas (excluyendo sabados. domingos y dias festivos) tras el cese de su reclusion penal. Si el OHS no procede con su arresto
inmigratorio durante este periodo adicional de 48 horas, excluyendo los fines de semana o dias festivos, usted debe
comunicarse con la autoridad estatal o local que to tiene detenido (el organismo policial u otra entidad a cargo de su custodia
actual) para obtener mayores detalles sobre el cese de su reclusion. Si tiene alguna queja que se relacione con esta orden de
detencion o con posibles infracciones a los derechos o libertades civiles en conexion con las actividades del DHS,
comuniquese con el Joint Intake Center (Centro de Admision) del ICE (Servicio de Inmigracion y Control de Aduanas)
Ilamando al 1-877-2INTAKE (877-246-8253). Si usted cree que es ciudadano de los Estados Unidos o que ha sido victima de
un delito, infOrmeselo al DHS Ilamando al Centro de Apoyo a los Organismos Policiales (Law Enforcement Support Center)
del ICE,telefono(855)448-6903(Ilamada gratuita).
Avis au detenu
Le departement de la Security Interieure [Department of Homeland Security(DHS)]a emis, a votre encontre, un ordre d'incarceration
pour des raisons d'immigration. Un ordre d'incarceration pour des raisons d'immigration est un avis du DHS informant les agences des
forces de ('ordre que le DHS a ('intention de vous detenir apres la date normale de votre remise en liberte. Le DHS a requis que
l'agence des forces de ('ordre, qui vous detient actuellement. vous garde en detention pour une periode maximum de 48 heures
(excluant les samedis, dimanches et jours feries) au-dela de la periode a la fin de laquelle vous auriez ete remis en liberte par les
autorites policieres de I'Etat ou locales en fonction des inculpations ou condamnations penales a votre encontre. Si le DHS ne vous
detient pas durant cette periode supplementaire de 48 heures, sans compter les fins de semaines et les jours ferias, vous
devez contacter votre gardien (I'agence des forces de ('ordre qui vous detient actuellement) pour vous renseigner a propos de votre
liberation par l'Etat ou l'autorite locale. Si vous avez une plainte a formuler au sujet de cet ordre d'incarceration ou en rapport
avec des violations de vos droits civils liees a des activites du OHS, veuillez contacter le centre commun d'admissions du
Service de ['Immigration et des Douanes [ICE - Immigration and Customs Enforcement] [ICE Joint Intake Center] au
1-877-2INTAKE (877-246-8253). Si vous croyez etre un citoyen des Etats-Unis ou la victime d'un crime, veuillez en aviser le
DHS en appelant le centre d'assistance des forces de ('ordre de l'ICE [ICE Law Enforcement Support Center] au numero
gratuit(855)448-6903.
AVISO AO DETENTO
O Departamento de Seguranca Nacional (DHS)emitiu uma ordem de custodia imigratoria em seu nome. Este documento e um aviso
enviado as agendas de imposigao da lei de que o DHS pretende assumir a custodia da sua pessoa. caso seja liberado. 0 DHS pediu
que a agenda de imposicao da lei encarregada da sua atual detencao mantenha-o sob custodia durante. no maximo, 48 horas
(excluindo-se sabados, domingos e feriados) apOs o periodo em que seria liberado pelas autoridades estaduais ou municipais de
imposicao da lei,de acordo com as respectivas acusacoes e penas criminals.Se o OHS nao assumir a sua custodia durante essas
48 horas adicionais, excluindo-se os fins de semana e feriados, voce devera entrar em contato corn o seu custodiante (a
agenda de imposicao da lei ou qualquer outra entidade que esteja detendo-o no momento)para obter informacoes sobre sua Iiberacao
da custodia estadual ou municipal. Caso voce tenha alguma reclamacao a fazer sobre esta ordem de custodia imigratoria ou
relacionada a violagoes dos seus direitos ou liberdades civis decorrente das atividades do DHS, entre em contato corn o
Centro de Entrada Conjunta da Agencia de Controle de Imigracao e Alfandega (ICE) pelo telefone 1-877-246-8253. Se voce
acreditar que a um cidadao dos EUA ou este sendo vitima de um crime, informe o OHS ligando para o Centro de Apoio a
Imposicao da Lei do ICE pelo telefone de ligacao gratuita(855)448-6903
DHS Form 1-247(12/12) Page 2 of
THONG BAO CHO NG1!O'I BI GIAM
GIU'
Bo Quoc Phong (DHS) da co lenh giam giu'quy vi vi ly do di tru. Lenh giam giir vi Iy do di tru la thong bao cua DHS cho
cac ca quan thi hanh luat phap la DHS co jr dinh tam giCr quy vi sau khi quy vi durac tha. DHS de yeu cau ca quan thi
hanh luat phap hien dang giir quy vi phai tie!)tuc tam giw quy vi trong khOng qua 48 gio Bong ho (khOng ke thur Bay, Chu
nhat, va cac ngay nghi le) ngoai thai gian ma le ra quy vi se du'ac ca quan thi hanh luat phap cua tieu bang hoac dia
phLrang tha ra dcra tren cac ban an va tqi hinh sur cua quy vi. Neu DHS khong tam giam quy vi trong tho'i gian 48 gio
bo sung de, khong tinh cac ngay cuoi tuan hoac ngay le, quy vi nen lien lac vo'i ben giam giu'quy vi (ca quan thi
hanh luat phap hoac to chirc khac hien dang giam giir quy vi) de hoi ve viec ca quan dia phkrang hoac lien bang the quy
vi ra. Neu quy vi co khieu nai ve lenh giam giw nay hoac lien quan to'i cac tru'o'ng hop vi pham dan quyen hoac tu'
do cong dan Iien quan to'i cac hoat dgng cua DHS, vui long lien Iac vo+i ICE Joint Intake Center tai so
1-877-2INTAKE (877-246-8253). Neu quy vi tin rang quy vi la cong dan Hoa Ky hoac flan nhan tgi pham, vui long
bao cho DHS biet bang each gal ICE Law Enforcement Support Center tai so dien thoai mien phi(855)448-6903.
X®[la ±a13 ( DHS ) Et x,i1%T1]* ),Ltt ~ `n. ;Clil ±z±PQffl*
i� tl o X®®t 3-z—±5s.gI rci A-M WMICI R R 5R , 4t4gMF0193Til$R.ig.141J37
11'7W . f 4 A®fr, , J.9 MT-Mil 48 'J,a (
MM* A1ri H( ) , #u1WX131111f ±A$ TitfM*4c1R 48 d‘ 411R
I !WF M , MAIR*fFnLE*I1 ( fhfiAeiggn4A AR A1t*11 ) , AMX
441436 ( ICE Joint Intake Center ) , Eg1tj 1-877-2INTAKE (877-246-8253). PO
( ICE Law Enforcement Support Center ) , Q ®®fic$q{io W##1.1 /C\Eeg
FEO,i.W�-iiA3R (855)448-6903.
DHS Form 1-247(12/12) Page 3 of
Appendix El
GR 36
TRIAL COURT SECURITY
(a)Purpose. A safe courthouse environment is fundamental to the administration of
justice.Employees,case participants,and members of the public should expect safe and secure
courthouses. This rule is intended to encourage incident reporting and well-coordinated efforts to
provide basic security and safety measures in Washington courts.
(b)Definition. "Incident"is defined as a threat to or assault against the court community,
including court personnel, litigants,attorneys,witnesses,jurors,or others using the courthouse. It
also includes any event or threatening situation that disrupts the court or compromises the safety
of the court community.
(c)Incident Reports.
(1)Reporting Method.
(i)The court should make a record of each incident as soon as practicable,but no later than
two days after the incident. The report shall be kept on file by the local court administrator.
(ii)The court shall report all incidents electronically to the Administrative Office of the
Courts(AOC)on the AOC Threat/Incident Report Form within one week of the incident.
(d)Court Security Committee.
(1)Role. Each trial court should form a Court Security Committee to coordinate the
adoption of court security policies and make recommendations regarding security protocols,
policies, and procedures necessary to protect the public,court personnel and users,and court
facilities. The Court Security Committee should adopt a Court Security Plan and thereafter revise
the plan as may be necessary.
(2)Committee Composition. The Presiding Judge for each court should convene a Court
Security Committee meeting and invite representatives from the following:
(i)judiciary;
(ii)court clerical staff;
(iii)prosecuting authority's office;
(iv)public defender's office;
(v)executive branch;
(vi)law enforcement;
(vii)facilities/maintenance department;
(viii)any other agency of government housed in the same building;
(ix)any other person the presiding judge deems appropriate.
43
Appendix El
(e)Court Security Plan. Each Court Security Committee should create a Court Security
Plan for each courthouse location. If a Court Security Plan is adopted;the Court Administrator
shall keep the Plan on file and accessible to the court community. The Court Security Plan
should be in writing and should address:
(1)routine security operations, including security screening for persons entering the court
facility,secure storage of weapons not permitted in the courthouse,parking, landscaping,interior
and exterior lighting,interior and exterior doors, intrusion and detection alarms,window
security,protocol for building access for first responders,and provision of building floor plans
for first responders.
(2)written or oral threats or declarations of intent to inflict pain or injury upon anyone in
the court community;
(3)physical layout of court facility and escape routes;
(4)threats--in court or by other means(telephone,e-mail,website,etc.);
(5)bomb threat;
(6)hostage situation;
(7)weapons in the court facility;
(8)active shooter
(9)escaped prisoner;
(10)high risk trial plan;
(11)routine security operations;
(12)Threat and security incident response techniques in and around the court facility,
which may include how to defuse situations and remain calm during an incident;
(13)Personal safety techniques in and around the court facility;
(14)Irate and abusive individuals.
(t)Security Drills. Each court may hold security drills as determined by the Court
Security Committee,as deemed necessary by the Presiding Judge in consultation with other
authorities in the courthouse.Drills should include all court personnel,prosecutors,defense
attorneys,law enforcement,and other regular court users.
(g)Minimum Court Security Standards. Every court shall endeavor to meet or exceed
the following minimum standards. Should the court fail to meet the minimum court security
standards,the court should state in the Court Security Plan why the minimum standards were not
met.
(1)Policy and Procedure Guide for all Court and Clerk Personnel. Trial courts shall
develop a Court Security Policy and Procedure Guide,using as examples the guides from
Spokane County and Seattle Municipal Court,which guides are available from the AOC.
!44
Appendix El
(2) Weapons Screening by Uniformed Security Personnel at all Public Entrances.
Uniformed security personnel shall perform weapons screening at all public entrances, using, as
a minimum, metal-detector wand screening and physical examination of bags, briefcases,
packages, etc.
(3)Security Audits Every Three Years. Trial courts shall conduct a security audit at least
every three years. Updates to the Court Security Policy and Procedure Guide shall be
disseminated to all court and clerk personnel.
(4)Security Cameras Recording with Loops of at Least Seven days, with Signage That
Recording Is Taking Place. Security cameras shall be placed at strategic locations as determined
by the Court Security Committee, with signs posted nearby advising that recording is taking
place. Security camera footage shall be retained for at least 7 days.
(5)Duress Alarms at Multiple Strategic Locations, Such as Clerk's Office, Administration,
and Courtrooms, with Broadcasting to the Nearest Law Enforcement Agency with Jurisdiction
over the Court Site. Easily accessible and discreetly placed duress alarms shall be located at
multiple strategic locations as determined by the Court Security Committee. The duress alarm
shall broadcast to the law enforcement agency that has jurisdiction to respond to the site and that
is closest to the site.
(6)Emergency Notification Broadcast System in Place, with Standardized Color Coding,
and All Personnel Trained on the System. An emergency notification broadcast system shall be
established with standardized color coding denoting the level of emergency. All court and clerk
personnel shall be trained on use of the system.
(7)Active Shooter Training for All Court and Clerk Personnel. Active shooter training
shall be delivered to all court and clerk personnel.
[Adopted effective September 1, 2017.]
Appendix E2
GR 38
[NEW]
OPEN ACCESS TO COURTS
(a) Prohibition on Civil Arrests.
(1) No person shall be subject to civil arrest without a judicial arrest warrant or
judicial order for arrest while the person is inside a court of law of this state in connection with a
judicial proceeding or other business with the court.
(2) No person shall be subject to civil arrest without a judicial arrest warrant or
judicial order for arrest while traveling to a court of law of this state for the purpose of
participating in any judicial proceeding, accessing services or conducting other business with the
court, or while traveling to return home or to employment after participating in any judicial
proceeding, accessing services or conducting business with the court.
(b) Definitions.
(1) "Business with the court and accessing court services" includes, but is not limited
to, doing business with, responding to, or seeking information, licensing, certification,
notarization, or other services, from the office of the court clerk, financial/collections clerk,
judicial administrator,courthouse facilitator, family law facilitator, court interpreter, and other
court and clerk employees.
(2) "Court of law"means any building or space occupied or used by a court of this
state and adjacent property, including but not limited to adjacent sidewalks, all parking areas,
grassy areas, plazas, court-related offices, commercial spaces within buildings or spaces
occupied or used by a court of this state, and entrances to and exits from said buildings or spaces.
(3) "Court order"and"judicial order"and"judicial warrant" include only those
warrants and orders signed by a judge or magistrate authorized under Article I and Article III of
the United States Constitution or Article IV of the Washington Constitution or otherwise
authorized under the Revised Code of Washington. Such warrants and orders do not include civil
immigration warrants or other administrative orders,warrants, or subpoenas that are not signed
by a judge or magistrate as defined in this section. "Civil immigration warrant"means any
warrant for a violation of federal civil immigration law issued by a federal immigration authority
and includes, but is not limited to, administrative warrants issued on forms I-200 or I-203, or
their successors, and civil immigration warrants entered in the National Crime Information
Center database.
(4) "Participating in a judicial proceeding" includes, but is not limited to,
participating as a party, witness, interpreter, attorney, or lay advocate.
(5) "Subject to civil arrest" includes, but is not limited to, stopping, detaining,
holding, questioning, interrogating, arresting or delaying individuals by state or federal law
enforcement officials or agents acting in their official capacity.
(c) Enforcement. Washington courts may issue writs or other court orders necessary
to enforce this court rule. Unless otherwise ordered,the civil arrest prohibition extends to within
one mile of a court of law. In an individual case, the court may issue a writ or other order setting
forth conditions to address circumstances specific to an individual or other relevant entity.
[Adopted effective April 21, 2020.] 46
Appendix F
Policy Number: 10029,2 Office of the Arector
FEA Number:306-112-002b
t.S.Department or Homeland Secant)
500 12th Street.S‘A
Washington.D.C. 20536
U.S. Immigration
9,\
, and Customs
OCT 2 2011 Enforcement
MEMORANDUM FOR: Field Office Directors
Special Agents in Charge
Chief Counsel
FROM: John Morton
Director
SUBJECT: Enforcement Actions at or Focused on Sensitive Locations
Purpose
This memorandum sets forth Immigration and Customs Enforcement(ICE)policy regarding
certain enforcement actions by ICE officers and agents at or focused on sensitive locations. This
policy is designed to ensure that these enforcement actions do not occur at nor are focused on
sensitive locations such as schools and churches unless(a)exigent circumstances exist,(b)other
law enforcement actions have led officers to a sensitive location as described in the "Exceptions
to the General Rule"section of this policy memorandum,or(c)prior approval is obtained. This
policy supersedes all prior agency policy on this subject)
Definitions
The enforcement actions covered by this policy are(1)arrests;(2)interviews;(3)searches;and
(4)for purposes of immigration enforcement only,surveillance. Actions not covered by this
policy include actions such as obtaining records,documents and similar materials from officials
or employees,providing notice to officials or employees,serving subpoenas,engaging in Student
and Exchange Visitor Program(SEVP)compliance and certification visits,or participating in
official functions or community meetings.
The sensitive locations covered by this policy include,but are not limited to. the following:
Memorandum from Julie L.Myers,Assistant Secretary.U.S.Immigration and Customs Enforcement."Field
Guidance on Enforcement Actions or Investigative Activities At or Near Sensitive Community Locations" 10029.1
(July 3,2008);Memorandum from Marcy M.Forman,Director,Office of Investigations."Enforcement Actions at
Schools"(December 26.2007);Memorandum from James A.Puleo,Immigration and Naturalization Service(INS)
Acting Associate Commissioner,"Enforcement Activities at Schools,Places of Worship,or at funerals or other
religious ceremonies"11Q 807-P(May 17, 1993). This policy does not supersede the requirements regarding arrests
at sensitive locations put forth in the Violence Against Women Act,see Memorandum from John P.Torres,Director
Office of Detention and Removal Operations and Marcy M.Forman,Director,Office of Investigations."Interim
Guidance Relating to Officer Procedure Following Enactment of VA WA 2005(January 22,2007).
www.ice.gov
47
Enforcement Actions at or Focused on Sensitive Locations
Page 2
• schools(including pre-schools, primary schools,secondary schools,post-secondary
schools up to and including colleges and universities,and other institutions of learning
such as vocational or trade schools);
• hospitals;
• churches, synagogues, mosques or other institutions of worship,such as buildings rented
for the purpose of religious services;
• the site of a funeral,wedding,or other public religious ceremony; and
• a site during the occurrence of a public demonstration,such as a march,rally or parade.
This is not an exclusive list, and ICE officers and agents shall consult with their supervisors if
the location of a planned enforcement operation could reasonably be viewed as being at or near a
sensitive location. Supervisors should take extra care when assessing whether a planned
enforcement action could reasonably be viewed as causing significant disruption to the normal
operations of the sensitive location. ICE employees should also exercise caution. For example,
particular care should be exercised with any organization assisting children,pregnant women,
victims of crime or abuse,or individuals with significant mental or physical disabilities.
Agency Policy
General Rule
Any planned enforcement action at or focused on a sensitive location covered by this policy must
have prior approval of one of the following officials: the Assistant Director of Operations,
Homeland Security Investigations(HSI);the Executive Associate Director(EAD)of HSI; the
Assistant Director for Field Operations, Enforcement and Removal Operations(ERO);or the
EAD of ERO. This includes planned enforcement actions at or focused on a sensitive location
which is part of a joint case led by another law enforcement agency. ICE will give special
consideration to requests for enforcement actions at or near sensitive locations if the only known
address of a target is at or near a sensitive location(e.g.,a target's only known address is next to
a church or across the street from a school).
Exceptions to the General Rule
This policy is meant to ensure that ICE officers and agents exercise sound judgment when
enforcing federal law at or focused on sensitive locations and make substantial efforts to avoid
unnecessarily alarming local communities. The policy is not intended to categorically prohibit
lawful enforcement operations when there is an immediate need for enforcement action as
outlined below. ICE officers and agents may carry out an enforcement action covered by this
policy without prior approval from headquarters when one of the following exigent
circumstances exists:
• the enforcement action involves a national security or terrorism matter;
• there is an imminent risk of death,violence,or physical harm to any person or property;
Enforcement Actions at or Focused on Sensitive Locations
Page 3
• the enforcement action involves the immediate arrest or pursuit of a dangerous felon,
terrorist suspect,or any other individual(s)that present an imminent danger to public
safety;or
• there is an imminent risk of destruction of evidence material to an ongoing criminal case.
When proceeding with an enforcement action under these extraordinary circumstances,officers
and agents must conduct themselves as discretely as possible,consistent with officer and public
safety,and make every effort to limit the time at or focused on the sensitive location.
If, in the course of a planned or unplanned enforcement action that is not initiated at or focused
on a sensitive location, ICE officers or agents are subsequently led to or near a sensitive location,
barring an exigent need for an enforcement action, as provided above,such officers or agents
must conduct themselves in a discrete manner,maintain surveillance if no threat to officer safety
exists and immediately consult their supervisor prior to taking other enforcement action(s).
Dissemination
Each Field Office Director, Special Agent in Charge, and Chief Counsel shall ensure that the
employees under his or her supervision receive a copy of this policy and adhere to its provisions.
Training
Each Field Office Director, Special Agent in Charge,and Chief Counsel shall ensure that the
employees under his or her supervision are trained(both online and in-person/classroom)
annually on enforcement actions at or focused on sensitive locations.
No Private Right of Action
Nothing in this memorandum is intended to and may not be relied upon to create any right or
benefit, substantive or procedural, enforceable at law by any party in any administrative,civil,or
criminal matter.
This memorandum provides management guidance to ICE officers exercising discretionary law
enforcement functions,and does not affect the statutory authority of ICE officers and agents,nor
is it intended to condone violations of federal law at sensitive locations.
Appendix G
1300 Pennsylvania Avenue,NW
Washington,DC 20229
?NTkF
* U.S.Customs and
JANBorder Protection
L.r fJ ff'�ND ItGJ
Deputy Commissioner
MEMORANDUM FOR: See Distribution
,zr/
FROM: David V.Aguilar �il/
4°,
Deputy Commissioner
SUBJECT: U.S.Customs and Border Protection Enforcement Actions at or
Near Certain Community Locations
The presence of U.S.Customs and Border Protection(CBP)Officers and Agents conducting
enforcement activities at or near schools,places of worship,and certain other community
locations has been a sensitive issue. Accordingly,careful consideration and planning must be
undertaken.as outlined herein,in relation to enforcement actions conducted at or near these
establishments.
The following establishments should be considered to be within the context of this policy:
• schools, including pre-schools.primary schools,secondary schools,post-secondary
schools,vocational or trade schools,and colleges and universities;
• places of worship, including places where funerals,weddings.or other public religious
ceremonies are taking place;
• community centers;and
• hospitals.
CBP personnel should consult their supervisors for guidance when an enforcement action is
being contemplated or planned at or near a location not specifically listed above but that may be
similar in nature,description,or function. In assessing the appropriateness of a proposed action,
supervisors should consider alternative measures that could achieve the enforcement objective
ithout causing significant disruption to the normal activities or operations at the identified
location.including the importance of the enforcement objective in furthering CBP's mission.
When CBP enforcement actions or investigative activities are likely to lead to an apprehension at
or near such locations,written approval by the Chief Patrol Agent, Director of Field Operations,
Director of Air and Marine Operations or the Internal Affairs Special Agent in Charge is
required. The Deputy to these offices may approve the inspection of records,preliminary
investigative activities,and similar activities at these locations where apprehensions are not
likely to be made.
"this policy does not summarily preclude enforcement actions at the listed locations. When
situations arise that call for enforcement actions at or near the above-mentioned establishments
ithout prior written approval,Agents and Officers are expected to exercise sound judgment and
50
Appendix G
U.S.Customs and Border Protection Enforcement Action at or
Near Certain Community Locations
Page 2
common sense while taking appropriate action. Exigent circumstances,including matters related
to national security,terrorism,or public safety,requiring an Agent or Officer to enter these
establishments,must be reported immediately through the respective chain of command,as
applicable.
This policy does not limit or otherwise apply to CBP operations that are conducted at or near the
international border(including the functional equivalent of the border),or CBP operations that
bear nexus to the border including,for example,but not limited to smuggling interdiction efforts
that result in transportation to a hospital,custodial monitoring of injured aliens in CBP custody
that require hospitalization,or a controlled delivery from the border that concludes in close
proximity of one of the aforementioned locations.
This CBP policy guidance memorandum,which may be modified,superseded,or rescinded by
CBP at any time without notice.is not intended to,does not,and may not be relied upon to
create,any right or benefit.substantive or procedural,for any party.
Distribution: Assistant Commissioner.Office of Air and Marine
Assistant Commissioner,Office of Field Operations
Assistant Commissioner,Office of Internal Affairs
Chief.Office of Border Patrol
Chief Counsel
•
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of pazilinsturt
MARY E. FAIRHURST (360)357-2053
CHIEF JUSTICE E-MAIL MARY.FAIRHURSTOCOURTS.WA GOV
TEMPLE OF JUSTICE f :..
POST OFFICE Box 40929
OLYMPIA,WASHINGTON d _ Jj
98504-0929
March 22,2017
The Honorable John F. Kelly
U.S. Department of Homeland Security
Secretary of Homeland Security
Washington,D.C. 20528
Dear Secretary Kelly,
As Chief Justice of the Washington State Supreme Court and co-chair of the
Board for Judicial Administration, I write to express concern regarding immigration
agents being in and around our local courthouses. Lawyers and judges working in our
courts have advised me that agents from the Immigration and Customs Enforcement
agency of the Department of Homeland Security are being present with increased
frequency. These developments are deeply troubling because they impede the
fundamental mission of our courts, which is to ensure due process and access to justice
for everyone,regardless of their immigration status.
In many locations around our state, a courthouse is the only place where
individuals are ensured of a trusted public forum where they will be treated with dignity,
respect, and fairness. This includes victims in need of protection from domestic violence,
criminal defendants being held accountable for their actions, witnesses summoned to
testify,and families who may be in crisis.
We have worked diligently to earn and maintain the trust of communities
throughout Washington State to ensure that courthouses are that public forum. The fear
of apprehension by immigration officials deters individuals from accessing our
courthouses and erodes this trust,even for those with lawful immigration status.
When people are afraid to access our courts, it undermines our fundamental
mission. I am concerned at the reports that the fear now present in our immigrant
communities is impeding their access to justice. These developments risk making our
communities less safe.
Our ability to function relies on individuals who voluntarily appear to participate
and cooperate in the process of justice. When people are afraid to appear for court
hearings, out of fear of apprehension by immigration officials, their ability to access
Appendix H
justice is compromised. Their absence curtails the capacity of our judges, clerks and
court personnel to function effectively.
In light of the above, I ask that you consider taking the necessary and appropriate
steps to address these concerns. For example, I encourage you to designate courthouses
as "sensitive locations" as described in your Policy 10029.2. Such a designation will
assist us in maintaining the trust that is required for the court to be a safe and neutral
public forum. It will assure our residents that they can and should appear for court
hearings without fear of apprehension for civil immigration violations.
We understand that the mission of your agency is to enforce federal laws.
However, we request that the manner in which these obligations and duties are carried
out aligns with,and does not impede,the mission,obligations,and duties of our courts.
My request is offered with all due respect to your commitment to serve the United
States,your office,and its functions. I welcome the opportunity to meet with you or your
staff to explore possible resolutions.
Very truly yours,
MARY E. FAIRHURST
Chief Justice
cc: Thomas D.Homan,Acting Director,Immigration&Customs Enforcement
Nathalie R.Asher,ICE Field Office Director,Seattle Washington
Bryan S.Wilcox,Acting Field Office Director
Appendix i
ZilecSuprrme (mart
State of Aluzliinstoo
MARY E. FAIRHURST s;, (360)357-2053
CHIEF JUSTICE -� E-MAIL MARY.FAIRHURSTOCOURTS.WA.GOV
TEMPLE OF JUSTICE i .y
POST OFFICE Box 40929 4-1/41
OLYMPIA,WASHINGTON ;�, 14
98504-0929 rs
rr
April 15,2019
Kevin K. McAleenan Reference: #190412-001264
Commissioner
U.S.Customs and Border Protection
1300 Pennsylvania Ave.NW
Washington,DC 20229
Dear Commissioner McAleenan:
I am Chief Justice of the Washington State Supreme Court and Co-Chair of the Washington
State Board for Judicial Administration. In March 2017, I wrote then-Department of Homeland
Security (DHS) Secretary John F. Kelly to express concern about Immigration and Customs
Enforcement (ICE) officers and agents taking enforcement action in and around our local
courthouses with increasing frequency. I explained that such enforcement action impeded the
fundamental mission of our courts, which is to ensure due process and access to justice for
everyone regardless of their immigration status, whether such persons were victims in need of
protection from domestic violence, witnesses summoned to testify, or families who may be in
crisis. I further explained that enforcement action in and around our local courts deterred
individuals from accessing our courthouses and spread fear in our immigrant communities, both
those lawfully present and those undocumented.
I was pleased that, following the publication of my letter, lawyers and advocacy
communities regularly practicing at the affected courts observed a significant decrease in such ICE
enforcement action. I was also pleased that,while not prohibiting civil immigration enforcement
action in or around local courthouses, ICE's Directive Number 11072.1 (published in January
2018), directed ICE officers and agents to "minimize their impact on court operations," to
"generally avoid enforcement actions in courthouses," and to "avoid unnecessarily alarming the
public." I was additionally further pleased that ICE established a set of standards identifying when
such enforcement action was appropriate(e.g.,to target undocumented immigrants with criminal
convictions or who pose national security threats) and created processes to ensure supervisory
review and documentation of such incidents.
I write you today to express my concern that,as has been publicly reported,U.S.Customs
and Border Protection (CBP) officers and agents recently have taken up the troubling mantle of
conducting enforcement operations against undocumented immigrants at or near our local
54
courthouses. As reported to local law enforcement,these operations impact court proceedings by
deterring individuals from seeking the services of our courts which, in turn, curtails the capacity
of our courts to function effectively. These operations have further unnecessarily alarmed those
accessing court services, as it has been publicly reported that these operations have not been
narrowly targeted to those class of dangerous individuals identified in the ICE Directive above.
I do not question the legitimate role of law enforcement or cooperative efforts with other
law enforcement agencies. However, I am genuinely concerned when these enforcement actions
take place at or around courthouses because of the impact upon our mission. Our ability to function
relies on individuals who voluntarily appear to participate and cooperate in the process of justice.
When people are afraid to appear for court hearings out of fear of apprehension by immigration
officials,their ability to access justice is compromised,courts cannot function efficiently,and our
communities become less safe.
As Chief Justice, I respectfully ask you to take the necessary and appropriate steps to
mitigate,if not eliminate CBP's enforcement actions in and around our local courthouses because
of the effect on our courts,and the people of Washington State who wish to access the courts. As
I did in my letter to Secretary Kelly, I encourage you to designate the courthouses and their
immediate vicinities as"sensitive locations." Such a clear designation will permit our Washington
State Courts to be the safe and neutral public forum all Washington residents deserve.
Also as I stated to Secretary Kelly,I do not believe our organizations'respective missions
are naturally in conflict, as long as the CBP ensures it does not impede the fundamental mission
of our courts.
Finally, I would welcome the opportunity to meet with you or your staff, including those
copied on the letter below, to discuss this matter further and to explore additional possible
resolutions.
Very truly yours,
. h iii( fwt'i (-----
MARY E.FAIRHURST
Chief Justice
cc:
Todd C.Owen,Executive Assistant Commissioner,Office of Field Operations
Carla L.Provost,Chief,United States Border Patrol
Tim Quinn,Executive Director,Intergovernmental Public Liaison Office
Adele Fasano,CBP Director of Field Operations,Blaine Sector
Chris Bippley,Acting Chief Patrol Agent,Blaine Sector
Matthew Lacelle,CBP Port Director,Officer in Charge Moses Lake Office
Brian T.Moran,United States Attorney,Western District of Washington
Joe Harrington,United States Attorney,Eastern District of Washington
Court Policy: No Courtroom Arrests Based on Immigration Status
The King County Superior Court judges affirm the principle that our courts must remain open
and accessible for all individuals and families to resolve disputes under the rule of law. It is the
policy of the King County Superior Court that warrants for the arrest of individuals based on their
immigration status shall not be executed within any of the King County Superior Court
courtrooms unless directly ordered by the presiding judicial officer and shall be discouraged in
the King County Superior Court courthouses unless the public's safety is at immediate risk.
Each judicial officer remains responsible for enforcing this policy within his or her courtroom.
This policy does not prohibit law enforcement from executing warrants when public safety is at
immediate risk.
In adopting this policy, the Superior Court recognizes that cooperation with other branches of
government, including law enforcement agencies, is essential. The judges respectfully request
that the county executive, in cooperation with the other branches of government, initiate a
dialogue with the appropriate law enforcement agencies to develop a protocol implementing the
policy which: 1) respects the dignity of the courtroom and the proceedings occurring in each of
the courtrooms; and 2) discourages arrests inside of the courthouses.
Approved by the King County Superior Court Judges: April 22, 2008.
FOR OFFICIAL USE ONLY
U.S.IMMIGRATION AND CUSTOMS ENFORCEMENT
Directive Number 11072.1: Civil Immigration Enforcement Actions Inside Courthouses
Issue Date: January 10, 2018
Effective Date: January 10, 2018
Superseded: None
Federal Enterprise Architecture Number:306-112-002b
1. Purpose/Background. This Directive sets forth U.S. Immigration and Customs
Enforcement(ICE)policy regarding civil immigration enforcement actions inside federal,
state, and local courthouses. Individuals entering courthouses are typically screened by
law enforcement personnel to search for weapons and other contraband. Accordingly,
civil immigration enforcement actions taken inside courthouses can reduce safety risks to
the public, targeted alien(s), and ICE officers and agents. When practicable, ICE officers
and agents will conduct enforcement actions discreetly to minimize their impact on court
proceedings.
Federal, state, and local law enforcement officials routinely engage in enforcement
activity in courthouses throughout the country because many individuals appearing in
courthouses for one matter are wanted for unrelated criminal or civil violations. ICE's
enforcement activities in these same courthouses are wholly consistent with longstanding
law enforcement practices, nationwide. And, courthouse arrests are often necessitated by
the unwillingness of jurisdictions to cooperate with ICE in the transfer of custody of
aliens from their prisons and jails.
2. Policy. ICE civil immigration enforcement actions inside courthouses include actions
against specific, targeted aliens with criminal convictions, gang members, national
security or public safety threats, aliens who have been ordered removed from the United
States but have failed to depart, and aliens who have re-entered the country illegally after
being removed, when ICE officers or agents have information that leads them to believe
the targeted aliens are present at that specific location.
Aliens encountered during a civil immigration enforcement action inside a courthouse,
such as family members or friends accompanying the target alien to court appearances or
serving as a witness in a proceeding,will not be subject to civil immigration enforcement
action, absent special circumstances, such as where the individual poses a threat to public
safety or interferes with ICE's enforcement actions.'
ICE officers and agents will make enforcement determinations on a case-by-case basis in accordance with federal
law and consistent with U.S.Department of Homeland Security(DHS)policy. See Memorandum from John Kelly,
Secretary of Homeland Security,Enforcement of the Immigration Laws to Serve the National Interest(Feb.20,
2017);Memorandum from John Kelly,Secretary of Homeland Security,Implementing the President's Border
Security and Immigration Enforcement Improvements Policies(Feb.20,2017).
Civil Immigration Enforcement Actions Inside Courthouses 1
FOR OFFICIAL USE ONLY
Appendix K
FOR OFFICIAL USE ONLY
ICE officers and agents should generally avoid enforcement actions in courthouses, or
areas within courthouses that are dedicated to non-criminal (e.g., family court, small
claims court)proceedings. In those instances in which an enforcement action in the above
situations is operationally necessary,the approval of the respective Field Office Director
(FOD), Special Agent in Charge(SAC), or his or her designee is required.
Civil immigration enforcement actions inside courthouses should, to the extent
practicable, continue to take place in non-public areas of the courthouse, be conducted in
collaboration with court security staff, and utilize the court building's non-public
entrances and exits.
Planned civil immigration enforcement actions inside courthouses will be documented
and approved consistent with current operational plans and field operations worksheet
procedures. Enforcement and Removal Operations(ERO) and Homeland Security
Investigations (HSI)may issue additional procedural guidance on reporting and
documentation requirements; such reporting and documentation shall not impose unduly
restrictive requirements that operate to hamper or frustrate enforcement efforts.
As with any planned enforcement action, ICE officers and agents should exercise sound
judgment when enforcing federal law and make substantial efforts to avoid unnecessarily
alarming the public. ICE officers and agents will make every effort to limit their time at
courthouses while conducting civil immigration enforcement actions.
This policy does not apply to criminal immigration enforcement actions inside
courthouses, nor does it prohibit civil immigration enforcement actions inside
courthouses.
3. Definition The following definitions apply for the purposes of this Directive only.
3.1. Civil immigration enforcement action. Action taken by an ICE officer or agent to
apprehend, arrest, interview, or search an alien in connection with enforcement of
administrative immigration violations.
4. Responsibilities.
4.1. The Executive Associate Directors for ERO and HSI are responsible for ensuring
compliance with the provisions of this Directive within his or her program office.
4.2. ERO FODs and HSI SACs are responsible for:
1) Providing guidance to officers and agents on the approval process and procedures for
civil immigration enforcement actions at courthouses in their area of responsibility
beyond those outlined in this Directive; and
2) Ensuring civil immigration enforcement actions at courthouses are properly
documented and reported, as prescribed in Section 5.1 of this Directive.
Civil Immigration Enforcement Actions Inside Courthouses 2
FOR OFFICIAL USE ONLY
8
Appendix K
FOR OFFICIAL USE ONLY
4.3. ICE Officers and Agents are responsible for complying with the provisions of this
Directive and properly documenting and reporting civil immigration enforcement actions
at courthouses, as prescribed in Section 5.1 of this Directive.2
5. Procedures/Requirements.
5.1. Reporting Requirements.
1) ICE officers and agents will document the physical address of planned civil
immigration enforcement actions in accordance with standard procedures for
completing operational plans, noting that the target address is a courthouse.3
2) Unless otherwise directed by leadership,there will be no additional reporting
requirements in effect for this Directive.
6. Recordkeeping. ICE maintains records generated pursuant to this policy, specifically the
Field Operations Worksheets(FOW)and Enforcement Operation Plan (EOP). ERO will
maintain the FOW in accordance with the Fugitive Operations schedule DAA-0567-
2015-0016. HSI will maintain EOPs in accordance with the Comprehensive Records
Schedule N1-36-86-1/161.3. The EOPs will be maintained within the Investigative Case
Files.
7. Authorities/References.
7.1. DHS Directive 034-06, Department Reporting Requirements, October 23, 2015.
7.2. DHS Instruction 034-06-001, Rev. 1,Department Reporting Requirements, March 28,
2017.
8. Attachments.None.
9. No Private Right. This document provides only internal ICE policy guidance,which
may be modified, rescinded, or superseded at any time without notice. It is not intended
to,does not, and may not be relied upon to create any right or benefit, substantive or
procedural, enforceable at law by any party in any administrative, civil, or criminal
matter. Likewise,no limitations are placed by this guidance on the otherwise lawful
enforcement or litigative prerogatives of ICE.
2 See also ICE Directive No. 10036.1,Interim Guidance Relating to Officer Procedure Following Enactment of
VAWA 2005(Jan.22,2007),for additional requirements regarding civil immigration enforcement actions against
certain victims and witnesses conducted at courthouses.
3 ERO will use the Field Operations Worksheet and HSI will use the Enforcement Operation Plan.
Civil Immigration Enforcement Actions Inside Courthouses 3
FOR OFFICIAL USE ONLY 59
Appendix K
FOR OFFICIAL USE ONLY
Thu as D. Ionian
uty Director and
enior Official Performing the Duties of the Director
U.S.Immix„ration and Customs Enforcement
Civil Immigration Enforcement Actions Inside Courthouses 4
FOR OFFICIAL USE ONLY 64
Appendix L
Countries and Jurisdictions with Mandatory Notifications Page 1 of 2
Countries and Jurisdictions with
Mandatory Notifications
The following countries and jurisdictions require
mandatory consular notification:
A H T
Albania Hungary Tajikistan
Algeria Tanzania
Antigua and Barbuda Tonga
Armenia J Trinidad and Tobago
Azerbaijan Jamaica Tunisia
Turkmenistan
B Tuvalu
K
Bahamas Kazakhstan
Barbados Kiribati
Belarus Kuwait Ukraine
Belize Kyrgyzstan United Kingdom'
Brunei Uzbekistan
Bulgaria
M
Malaysia
Malta Zambia
China(including Macao and Mauritius Zimbabwe
Hong Kong)- Moldova
Costa Rica
Cyprus
Czech Republic N
Nigeria
D
Dominica p
Philippines
F Poland
Fiji
R
G Romania
Russia
Gambia
Georgia
Ghana S
Grenada Saint Kitts and Nevis
Guyana Saint Lucia
Saint Vincent and the
Grenadines
Seychelles
Sierra Leone
Singapore
Slovakia
https://travel.state.gov/content/travel/en/consularnotification/QuarantinedForeignNationals... 5/18/2020
61
Countries and Jurisdictions with Mandatory Notifications Page 2 of 2
*Notification is not mandatory in the case of persons
who carry"Republic of China"passports issued by
Taiwan. Such persons should be informed without
delay that the nearest office of the Taipei Economic
and Cultural Representative Office("TECRO"),the
unofficial entity representing Taiwan's interests in the
United States,can be notified at their request.
Mandatory only for foreign nationals who are not
lawful permanent residents in the United States(i.e.,
"green card"holders). Otherwise,upon the national's
request.
t. The bilateral convention between the United States
and the United Kingdom applies to British nationals
from Great Britain(England,Wales and Scotland);
Northern Ireland;the Crown Dependencies of Jersey,
Guernsey,and the Isle of Man;and the British Overseas
Territories,including Anguilla,Bermuda,the British
Virgin Islands,the Cayman Islands,Gibraltar,
Montserrat,and the Turks and Caicos Islands,along
with other island territories. Residents of the Overseas
Territories may be traveling on a passport issued by the
territory with no indication that the territory is British.
Nevertheless,for them and all others from a British
possession listed above,consular notification and
access should be provided to the nearest U.K.
consulate. For advice on how to ascertain whether an
arrested or detained person is a British national,as
well as a complete list of the Overseas Territories,see
the question "What about British nationals?"in the
manual.
https://travel.state.gov/content/travel/en/consularnotification/QuarantinedForeignNationals... 5/1 8/2020
Last Updated May 21, 2020
Washington State Office of
the Attorney General �4EY
GF��
BOB FERGUSON *
- r
1125 Washington St. SE 4 - ' /4
PO Box 40100 C.,?, L.u �
Olympia, WA 98504 4SHI,c5'S
(360) 753-6200
www.atg.wa.gov