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AN ORDINANCE limiting the use of King County-owned and controlled property; amending Ordinance 18665, Section 1, as amended, and K.C.C. 2.15.005, Ordinance 16692, Section 2, as amended, and K.C.C. 2.15.010, Ordinance 18665, Section 3, and K.C.C. 2.15.015, Ordinance 17706, Section 2, as amended, and K.C.C. 2.15.020, and Ordinance 19963, Section 2, as amended, and K.C.C. 2.15.050 and adding a new section to K.C.C. chapter 2.15.
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STATEMENT OF FACTS: The Preamble of the King County Charter states that its purpose is "to form a more just, equitable and orderly government for all, . . . enable effective public participation, preserve, protect and enhance a healthy rural and urban environment and economy, promote a superior quality of life and secure the benefits of home rule and self-government."
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 18665, Section 1, as amended, and K.C.C. 2.15.005 are hereby amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Administrative warrant" means a noncriminal immigration warrant of arrest, order to detain or release ((aliens)), notice of custody determination, notice to appear, removal order, warrant of removal, or any other document, issued by ICE, CBP, USCIS, or any other federal agency that can form the basis for a person's arrest or detention for a civil immigration enforcement purpose. ICE administrative warrant forms include the U.S. DHS form I-200 (Rev. 09/16) (("Warrant for Arrest of Alien")) and Form I-205 (("Warrant Of Removal/Deportation,")), as well as predecessor and successor versions. "Administrative warrant" does not include any criminal warrants issued upon a judicial determination of probable cause and in compliance with the Fourth Amendment to the United States Constitution.
B. "Agency" means a King County department, agency, division, commission, council, committee, board, other body, or person, established by authority of an ordinance, executive order, or charter.
C. "Agent" means a person acting within the scope of employment by or acting on behalf of an agency.
D. "CBP" means the United States Customs and Border Protection agency of the United States Department of Homeland Security and shall include any successor federal agency charged with border enforcement.
E. "Citizenship or immigration status" means a person's recorded citizenship or immigration status, as such status is defined in the Immigration and Nationality Act, at the time an agent or agency receives the information.
F. "Civil immigration enforcement operation" means an operation that has as one of its objectives the identification or apprehension of a person or persons in order to investigate them for a violation of the immigration laws and subject them to one or more of the following:
1. Civil immigration detention;
2. Removal proceedings; and
3. Removal from the United States.
G. "Civil immigration enforcement related area" includes an area used for:
1. An operation base used for the planning, coordinating, and execution of civil immigration enforcement activities;
2. A processing location used for the identification, intake, or processing of documentation for people who have been arrested, detained, or temporarily held in connection with civil immigration enforcement operations; and
3. A staging area used for the assembly, mobilization, or deployment of vehicles, equipment, or materials, and related personnel, for the purpose of executing civil immigration enforcement operations.
H. "Coerce" means to use express or implied threats towards a person or any family member of a person that attempts to put the person in immediate fear of the consequences in order to compel that person to act against the person's will.
((H.)) I. "Commitment" means confinement in secure detention for a specified amount of time following a determination of guilt. "Commitment" does not include pretrial detention of any persons such as those who are unable to post bail.
((I.)) J. "Contractor" means a regional coalition or authority, state or local government, tribe, person, firm, corporation, or partnership providing health, housing, or human services in accordance with a contract with King County and including any subcontractor, employee, and agent thereof.
K. "County-owned and controlled property" means real property owned and controlled by King County, or leased to and controlled by King County, including nonpublic areas of buildings or a county facility, parking lots, garages, and vacant lots, as well as any designated open space lands and public parks, where each is provided for recreational purposes, not including the public right-of-way used for pedestrian and vehicular traffic or the King County International Airport. For the purposes of this definition, civil immigration enforcement is not a recreational purpose.
L. "Employee" means a person who is appointed as an employee by the appointing authority of a county agency, office, department, council, board, commission or other separate unit or division of county government, however designated, acting within the scope of employment by or acting on behalf of the county. "County employee" also includes a county elected official and a member of a county board, commission, committee or other multimember body, but does not include an official or employee of the county's judicial branch, though it does include an employee of the department of judicial administration.
((K.)) M. "ICE" means the United States Immigration and Customs Enforcement agency including Enforcement and Removal Operations and Homeland Security Investigations and shall include any successor federal agency charged with the enforcement of immigration laws.
((L.)) N. "Immigration detainer" means a request by ICE to a federal, state or local law enforcement agency, such as the King County department of adult and juvenile detention, to provide notice of release or maintain custody of a person based on an alleged violation of a civil immigration law. "Immigration detainer" includes a detainer issued under Sections 236 or 287 of the Immigration and Nationality Act or 287.7 or 236.1 of Title 8 of the Code of Federal Regulations. "Immigration detainer" includes a detainer issued under DHS form I-274A entitled Immigration Detainer- Notice of Action, as well as predecessor and successor versions.
((M.)) O. "Interpretation" means the transfer of an oral communication from one language to another.
((N.)) P. "Limited-English-proficient" means a person who does not speak English as the person's primary language, who has a limited ability to read, speak, write, or understand English.
((O.)) Q. "Nonpublic" means any area of a county facility, including the secure detention facilities of the department of adult and juvenile detention that is not generally open and accessible to the general public, but instead requires special permission for admittance by a county employee on an individual basis. "Nonpublic" also means any area of a contractor's facility, used to provide services under the county contract, that is not generally open and accessible to the general public, but instead requires the contractor’s permission for admittance to that area.
((P.)) R. "Peace officer" means a duly appointed city, county, or state law enforcement officer.
S. "Personal information" means 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:
1. Home address;
2. Work address;
3. Telephone number;
4. Electronic mail address;
5. Social media handle or other identifying social media information;
6. Any other means of contacting a person;
7. Social security number;
8. Driver's license number or Washington identification card number;
9. Bank account number or credit or debit card number;
10. Information or data collected through the use or operation of an automated license plate recognition system;
11. User name that, in combination with a password or security question and answer, would permit access to an online account; and
12. Date of birth.
((Q.)) T. "Public communication materials" means materials that are intended for broad distribution to inform or educate people served by King County. For the purpose of translation, "public communication materials" refers only to printed media such as brochures, posters, booklets, pamphlets, billboards, and advertisements in printed publications.
((R.)) U. "Public officer" means a person holding office under a city, county, or state government, or the federal government who performs a public function and in so doing is vested with the exercise of some sovereign power of government, and includes all assistants, deputies, clerks, and employees of any public officer and all persons lawfully exercising or assuming to exercise any of the powers or functions of a public officer.
V. "Translation" means the transfer of a written communication from one language to another while preserving the intent and essential meaning of the original text.
((S.)) W. "USCIS" shall mean the United States Citizenship and Immigration Services and any successor agency charged with overseeing United States immigration laws.
((T.)) X. "Verbal abuse" means the use of a remark which is overtly insulting, mocking, or belittling directed at a person based upon the actual or perceived:
1. One or more of the protected classes as defined in K.C.C. chapter 3.12D or English proficiency; or
2. Citizenship or immigration status of the person or the person's family member.
((U.)) Y. "Vital documents" are materials that provide essential information for accessing basic county services and benefits and for which serious consequences would result if the information were not provided.
SECTION 2. Ordinance 16692, Section 2, as amended, and K.C.C. 2.15.010 are hereby amended to read as follows:
A. Except as otherwise provided in this section or when otherwise required by law, a Reverend Doctor Martin Luther King, Jr., County office, department, employee, agency, or agent shall not condition the provision of county services on the citizenship or immigration status of any person.
B. All applications, questionnaires, and interview forms used in relation to the provision of county benefits, opportunities, or services shall be reviewed by each agency, and any question requiring disclosure of information related to citizenship, immigration status, or national origin unless required by state or federal law, or international treaty, shall be deleted. Agencies that are required by state or federal law, or international treaty, to collect immigration status or national origin information must separate that information from personal information in the agencies' records as soon as is practicable.
C. The department of public health shall not condition the provision of health benefits, opportunities, or services on matters related to citizenship, national origin, or immigration status. The department of public health may inquire about or disclose information relating to a person's citizenship, national origin, or immigration status for the purpose of determining eligibility for benefits or seeking reimbursement from federal, state, or other third-party payers.
D. Except when otherwise required by law, where the county accepts presentation of a state-issued driver's license or identification card as adequate evidence of identity, presentation of a state-issued document marked as not valid for federal purposes or presentation of a photo identity document issued by the person's nation of origin, such as a driver's license, passport, or other consul-issued document, such as a Matricula Consular de Alta Seguridad, shall also be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Washington state driver's license or identification card. A request for translation of such a document to English shall not be deemed a violation of any provision of this chapter; however, translation services may not be provided by any federal immigration authority. This subsection does not apply to documentation required to complete a federal I-9 employment eligibility verification form. Once the county agency's legitimate purpose in viewing the required documentation is completed, the documentation shall be promptly returned to its owner. Copies of the required documentation shall not be made or maintained by a county agency unless otherwise required by law.
E. A county employee or an agent or agency of King County shall not inquire about or request, from a member of the public information about the citizenship, national origin, or immigration status or place of birth of any person unless the inquiry, request, or investigation is required by state or federal law, regulation, or directive or court order or rule, or to ensure compliance with any state or federal law, regulation, or directive or court order. When an inquiry, request, or investigation into nationality, immigration status or citizenship, including place of birth, is required to be or for any reason is made, the King County agent or county employee shall not attempt to coerce a response. All persons to whom the inquiries are made shall be explicitly informed of their right to decline to respond, free from fear or threat of retaliation.
F. Agents of King County and county employees are hereby prohibited from conditioning King County services on immigration status, except where required under applicable federal or state law or regulation or directive or court order or rule. Agents of King County and county employees are prohibited from verbally abusing or coercing persons or threatening to report them or their family members to ICE or threatening to take other immigration-related action against them or their family members.
G. Except where necessary to provide King County services, for performance measurement purposes including data analysis conducted to ensure services are being provided in an equitable and nondiscriminatory manner, or where otherwise required by state or federal law or regulation or directive or court order, King County agents and employees are not permitted to obtain, maintain, or share information about one or more of a person's protected classes as defined in K.C.C. chapter 3.12D, language proficiency, housing status, financial status, status as a victim of domestic violence, criminal history, or release date from incarceration or confinement in a secure detention or other custody.
H. Nothing in this chapter shall be construed as to prohibit any county employee, upon request of the noncitizen, from aiding a noncitizen to obtain immigration benefits pursuant federal immigration law.
I. An agent of King County or a county employee shall not expend any time, moneys, real property assets, or other resources on facilitating the civil enforcement of federal immigration law or participating in civil immigration enforcement operations, except where state or federal law, regulation, or court order shall so require. However, a county agency, employee or agent is not prohibited from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status of a person. Also, nothing in this section prohibits any county agency from sending to, receiving from, requesting from, or exchanging with any federal, state, or local government agency information regarding the immigration status of a person or from maintaining such information.
J. Nothing in this section shall be construed to prohibit any county employee from participating in cross-designation or task force activities with federal law enforcement authorities for criminal law enforcement.
K. The executive shall ensure that all King County employees and agents receive appropriate training on the implementation of the provisions of this section.
SECTION 3. Ordinance 18665, Section 3, and K.C.C. 2.15.015 are hereby amended to read as follows:
A. The King County sheriff's office shall not request specific documents relating to a person's civil immigration status from a member of the public, for the sole purpose of determining whether the person has violated federal civil immigration laws. The documents include but are not limited to:
1. Passports;
2. ((Alien registration)) Permanent resident cards; or
3. Work permits.
B. The sheriff's office may use documents relating to a person's civil immigration status if the documents are offered by the person upon a general, nonspecific request.
C. The sheriff's office shall not use stops for minor offenses or requests for voluntary information as a pretext for discovering a person's immigration status.
D. The sheriff's office shall not initiate any inquiry of, or enforcement action against, a member of the public, based solely on a person's:
1. Civil immigration status;
2. Race;
3. Inability to speak English;
4. Inability to understand the sheriff's office personnel; or
5. Hit on the National Crime Information Center database.
E.1. Where there is a reasonable opportunity, and when resources allow, upon notification by King County staff or 911 dispatchers of public or peace officers' attempts or actual use of a county-owned and controlled property as a civil immigration enforcement related area, the sheriff's office shall confirm the credentials of public or peace officers.
2. The sheriff's office shall document and report that activity in accordance with section 7 of this ordinance.
3. The sheriff's office shall advise the public or peace officers of this chapter and request that they leave county-owned and controlled property.
4. If public or peace officers refuse to leave county-owned and controlled property, the sheriff's office shall document evidence of violations of this section.
5. The sheriff's office may provide evidence of public or peace officers' refusal to leave county-owned and controlled property to the prosecuting attorney's office for appropriate legal action and enforcement.
6. If an injunction or other relief is granted, the sheriff's office shall follow standard procedures for enforcing such court orders.
7. Activities and uses in violation of this section may be subject to removal upon issuance of an appropriate order. Except where state or federal law, regulation, or court order or rule shall so require, the use of county-owned and controlled property as a civil immigration enforcement related area is prohibited.
SECTION 4. Ordinance 17706, Section 2, as amended, and K.C.C. 2.15.020 are hereby amended to read as follows:
A. An agent of King County or county employee shall not expend any time, moneys, real property assets, or other resources on facilitating the civil enforcement of federal immigration law or participating in civil immigration enforcement operations, except where state or federal law, regulation, or court order or rule shall so require. However, a county agency, employee, or agent is not prohibited from sending to, or receiving from, federal immigration authorities, the citizenship or immigration status of a person. Also, nothing in this section prohibits any county agency from sending to, receiving from, requesting from or exchanging with any federal, state, or local government agency information regarding the immigration status of a person or from maintaining such information.
B. King County and its agents and departments and county employees shall not:
1. Enter into any contract, agreement, or arrangement, whether written or oral, that would grant federal civil immigration enforcement authority or powers to King County or its agents or law enforcement officers, including but not limited to agreements created under 8 U.S.C. Sec. 1357(g) or Intergovernmental Service Agreements;
2. Honor immigration detainer requests or administrative warrants issued by ICE, CBP, USCIS, or any other federal agency, or hold any person upon the basis of an ICE, CBP, USCIS, or any other federal agency detainer request or administrative warrant unless such request or warrant is accompanied by a criminal warrant issued by a United States District Court judge or magistrate. The sheriff's office or the department of adult and juvenile detention personnel shall not carry out a civil arrest, detain a person after the release date set by a court, or refuse to accept a bond based on an administrative warrant separately or in combination with an ICE, CBP, USCIS, or any other federal agency detainer request;
3. For purposes of execution of federal civil immigration enforcement, permit ((ICE, CBP, USCIS, or any other federal agency officers, agents, or representatives)) public or peace officers access to nonpublic areas of King County's facilities, property, equipment or nonpublic databases, or nonpublic portions of otherwise public databases, or people in King County's custody, absent a judicial criminal warrant specifying the information or persons sought unless otherwise required by state or federal law. Any warrantless attempts or requests for access to those facilities, property, equipment, or nonpublic databases shall be immediately sent to the department or agency director or their designee responsible for the operation of the facility, property, database, or equipment. Permission to access any such a facility, property, equipment, or nonpublic database without a judicial criminal warrant may only be provided with the express, written approval of the appropriate person. Any detention facilities, including secure detention facilities, prisons, and halfway houses, that King County contracts with or leases land to for the purposes of criminal or civil detention must include the requirement in this subsection B.3. in any contract with King County; ((and))
4. Authorize the use of any county-owned and controlled property for civil immigration enforcement operations, including as a civil immigration enforcement related area, except where state or federal law, regulation, or court order or rule shall so require, as those actions do not comply with the King County Charter, the King County Code, and policies; and
5. Provide personal information to federal immigration authorities for purpose of civil immigration enforcement, except as required by state or federal law, about any person, including place of birth or household members, the services received by the person or the person's next court date or release date, absent a warrant signed by a judge or a law requiring disclosure.
C.1. If permission to access a King County detention facility without a judicial criminal warrant is granted to ICE, CBP, USCIS, or any other federal agency in accordance with subsection B.3. of this section for the purpose of conducting an interview that does not relate to civil immigration enforcement with a person who is in the custody of the department of adult and juvenile detention, the department of adult and juvenile detention shall provide the person with an oral explanation and a written consent form that explains the purpose of the interview, that the interview is voluntary, and that the person may decline to be interviewed or may choose to be interviewed only with the person's attorney present. The form shall state explicitly that the person will not be punished or suffer retaliation for declining to be interviewed. The form shall be available in English, Spanish, and any other language identified by the county's language assistance plan as established in K.C.C. 2.15.030.B. and explained orally to a person who is unable to read the form. The requesting officials shall only be permitted to interview persons who have consented in writing to be interviewed, absent a judicial criminal warrant.
2. Upon receiving a civil or criminal immigration warrant, detainer, hold, notification, or transfer request, the department of adult and juvenile detention personnel shall provide a copy of the request to the person and inform the person whether the department intends to comply with the request.
3. Consistent with Article 36 of the Vienna Convention on Consular Relations, any person in custody or detention shall be informed through the person's attorney of the right to communicate with the consular post of a country of which the person is a national, if other than the United States, and informed that the person's consular officers have the right to visit, converse, or correspond with the person, if the person wishes the communication. If a person chooses to disclose that the person is a foreign national and requests consular notification, the custodian shall contact the appropriate consulate. The informed consent requirements of the Vienna Convention on Consular Relations shall apply to all such inquiries. The same requirements shall apply to inquiries into nationality status for the purpose of complying with mandatory consular notification under any bilateral consular convention. In all cases, identification as a foreign national shall be voluntary and based on informed consent by the person.
4. King County shall consider all records relating to ICE, CBP, USCIS, or any other federal agency access to facilities and information, including all communications with ICE, CBP, USCIS, or any other federal agency to be public records for purposes of chapter 42.56 RCW, the state Public Records Act, and King County shall handle all such requests in accordance with the usual procedures for receipt of public records requests.
SECTION 5. Ordinance 19963, Section 2, as amended, and K.C.C. 2.15.050 are hereby amended to read as follows:
A. Except as otherwise provided in this section, in performing its obligations under its contract with King County, the contractor shall not expend any time, moneys, real property assets, or other resources on facilitating the civil enforcement of federal immigration law or participating in civil immigration enforcement operations, except where a state or federal law, regulation, or court order or rule so requires. However, a contractor is not prohibited from sending to, or receiving from, federal immigration authorities, the citizenship or immigration status of a person. Also, nothing in this section prohibits any contractor from sending to, receiving from, requesting from, or exchanging with any federal, state, or local government agency information regarding the immigration status of a person or from maintaining the information.
B. In providing the contracted services, a contractor shall not:
1. For purposes of execution of federal civil immigration enforcement against persons receiving services under the contract, permit ICE, CBP, USCIS, or any other federal agency officers, agents, or representatives access to nonpublic areas of the contractor's facilities, real or personal property, equipment, or nonpublic databases or nonpublic portions of otherwise public databases, absent a judicial criminal warrant specifying the information or persons sought, or unless otherwise required by state or federal law. Notice of all attempts or requests for access to those facilities, real or personal property, equipment, nonpublic databases, or nonpublic portions of otherwise public databases, with or without a warrant, shall be immediately sent to King County in accordance with the terms of the contract. Permission given to ICE, CBP, USCIS, or any other federal agency officers, agents, or representatives to access any such a facility, real or personal property, equipment, nonpublic database, or nonpublic portion of an otherwise public database without a judicial criminal warrant may only be provided with the prior express, written approval of the appropriate county employee identified in the contract. All contractors shall make a good faith effort to strictly comply with this subsection; however, inadvertent or mistaken permission giving warrantless access to ICE, CBP, USCIS, or any other federal agency officers, agents, or representatives is not a breach of contract. All contracts subject to this section entered into on or after January 1, 2026, shall include as a term of the contract the prohibitions of this subsection B.1. and identify the appropriate county employee;
2. Provide personal information relating to persons receiving services under the contract to federal immigration authorities for purpose of civil immigration enforcement, except as required by state or federal law, about any person, including place of birth or household members, the services received by the person or the person's next court date or release date, absent a warrant signed by a judge or a law requiring disclosure. All contracts subject to this section entered into on or after January 1, 2026, shall include as a term of the contract the prohibitions of this subsection B.2.; and
3. Inquire about, or request information of, the citizenship, national origin, immigration status, or place of birth, from any person in the furtherance of providing services in accordance with a contract with King County unless the inquiry or request is required by state or federal law, regulation, or court order or rule, or is necessary for the contractor to effectively provide the services under the contract. The contractor may inquire about or disclose information relating to a person's citizenship, national origin, immigration status, or place of birth for the purpose of determining eligibility for benefits or seeking reimbursement from federal, state, or other third-party payers. When an inquiry about or request for information of the citizenship, national origin, immigration status, or place of birth is required or for any reason is made, the contractor shall not attempt to coerce a response. All persons to whom the inquiries or requests are made shall be explicitly informed of their right to decline to respond, free from fear or threat of retaliation.
NEW SECTION. SECTION 6. There is hereby added to K.C.C. chapter 2.15 a new section to read as follows:
A.1. The executive shall design clear signage or templates for stating: "This property shall not be used for civil immigration enforcement staging, operations, or processing."
2. The executive shall work with county agencies to identify county-owned and county-controlled properties that are at high risk for being used as civil immigration enforcement related areas. Agencies responsible for such properties shall, wherever practicable, post the signage referenced above and develop strategies to increase security measures for such properties, including using physical barriers such as locked gates to limit access. Agencies may add the sign statement referenced above to existing signs.
B.1. Within thirty days of the date of enactment of this ordinance, county departments and agencies shall develop the procedures necessary to implement this ordinance. The implementing procedures shall provide that any county employee who becomes aware of the attempted or actual use of a county-owned and county-controlled property as a civil immigration enforcement related area shall immediately report the attempted or actual use to the department or agency director or their designee responsible for the operation of the property who shall report it to the executive. The executive shall notify all councilmembers of reports of the attempted or actual use of a county-owned and county-controlled property as a civil immigration enforcement related area.
2. The executive shall work with the office of equity and racial and social justice, or its successor in carrying out the duties of the office, and staff in relevant agencies to implement training for county employees on this chapter or incorporate training on this chapter into existing training for relevant staff in relevant agencies. This requirement is not intended to duplicate existing training.
C. This section does not apply to property that is subject to an existing lease or concession agreement to which the county is a party. This section is not intended to, and shall not be interpreted to, interfere with any such lease or agreement.
D. Nothing in this section shall be construed as restricting or interfering with the execution of lawful judicial warrants, court orders, or the enforcement of criminal law, nor as limiting the rights of any person or entity under state or federal law. This section does not prohibit the lawful use of county-owned and controlled property for purposes other than a civil immigration enforcement related area, nor does it restrict any person or entity from carrying out functions unrelated to those purposes on such property.
SECTION 7. Severability. If any provision of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.