Watch Out, ICE! Gov. Bob Ferguson’s Sending Strongly Worded Letters And Having Meetings

In a press conference Monday morning, Washington Gov. Bob Ferguson listed five ways the State is preparing for a potential ICE crackdown as the nation watches Minneapolis in horror. He conceded that he cannot order ICE out of Washington, but vowed not to be a “passive bystander” either. However, the measures he touted — a strongly worded letter, some staffing changes in his office, a conversation with the national guard, more meetings with elected officials, and  a few laws Washington probably can’t enforce — feel underwhelming to say the least!

1. Dear Kristi Noem…

Monday morning, Ferguson and Attorney General Nick Brown sent a letter to Secretary of Homeland Security Kristi Noem to condemn the “deeply disturbing” events in Minneapolis and the countless videos depicting ICE’s "aggressive tactics” in the wake of yet another public execution. Secondly, Ferguson and Brown express their concern over a memo leaked by whistleblowers that shows DHS is telling ICE agents to enter homes without a warrant, policy Ferguson and Brown called a “blatant violation of the Fourth Amendment.” The letter ends with a promise to “consider all legal options” to hold the U.S. Government and individual ICE agents accountable for such actions. 

So, the State is threatening to sue. Great. Fine. Whatever. It’s not a very proactive strategy. When ICE inevitably bursts through Washingtonians’ doors without a warrant, a lawsuit could drag on for months, a period where the courts may allow ICE to continue their break ins. And even if the courts told them they legally had to stop, ICE and the Trump administration have show zero regard for the law. 

2. Staffing Shuffle

If you thought a strongly worded letter was tough, get this: Ferguson is going to let the head of the state's Office of Refugee and Immigrant Assistance attend cabinet meetings. This will help all State departments and agencies be in better coordination when responding to emerging threats, Ferguson explained. He also hired on a new advisor who will help funnel community concerns to his office.

Under normal circumstances, this kind of change probably doesn’t necessitate a flashy announcement behind a podium. And in times of great crisis, I’m not sure who is feeling especially relieved by this. 

3. The National Guard

Ferguson also teased possible deployment of the National Guard. He didn’t go into detail about, but he said he’s spoken with the top guy about protecting Washingtonians. He framed the decision as one inspired by the actions of Gov. Tim Walz in Minnesota. In that case, Walz deployed the National Guard specifically to support the Minnesota State Patrol. If that’s Ferguson’s plan, working people should not expect such a deployment to benefit them. 

Recent history shows that Washington law enforcement will side with ICE when it comes to protests and direct actions. The Seattle Police Department conducted a quick operation at the Federal Building last summer, spraying protesters with pepper spray and shooting blast balls to break up the crowd and help ICE escape the building, possibly with detainees. Later that summer, Tukwila Police Department showed up in riot gear to violently disperse a barricade at the Seattle ICE Field Office. If the National Guard is just going to add to those numbers, this is not a step toward protecting Washingtonians as Ferguson marketed it. 

4. More Meetings

Okay so we’ve got meetings with the Office of Refugee and Immigrant Assistance, meetings with the National Guard. Maybe his comms team could have wrapped those two points in with number 4, which is also just having more meetings? Ferguson said he’s meeting with a bunch of elected officials to make sure everyone is using their respective powers to defend immigrant communities. Again, this reveals how early the state is in any planning. Federal agents are executing people in the street, ICE is already ramping up abductions in Washington, and the big plan you have to give Washingtonians peace of mind is more meetings? 

5. Finally Some Policy

In his last point of the press conference, Ferguson finally pointed to some actual policy aimed to counter ICE’s reign of terror. And I promise I’m not hating just to hate, but these policies may only amount to virtue signals. 

For one, he’s promoting the bill to ban law enforcement from wearing masks. That’s great, however the State probably cannot enforce it because of the Supremacy Clause in the U.S. Constitution. Darn it!  Second, he’s pushing legislation to punish those who make, use or possess fraudulent badges or other items with false law enforcement insignia. FYI: Impersonating law enforcement is already illegal, but this goes after the props!