Ninth Circuit Rules Federal Government Can Deport Illegals Despite Local Interference

The Ninth Circuit Court of Appeals has ruled that federal authorities have the constitutional right to deport illegal immigrants even if local officials try to obstruct the process. The decision came in response to a 2019 executive order by King County Executive Dow Constantine that restricted Immigration and Customs Enforcement (ICE) flights at a county airport.

The executive order prohibited “fixed base operators” (FBOs), private contractors leasing space at Boeing Field in King County, from providing services to ICE flights, such as refueling and access to landing stairs. The Trump administration sued, arguing that the order violated the Constitution’s Supremacy Clause and a long-standing agreement granting federal use of the airport.

The three-judge panel sided with the federal government, ruling that the order unlawfully impeded ICE operations. The panel stated that the order violated the Supremacy Clause’s intergovernmental immunity doctrine by “improperly regulating” how the federal government transports detainees. It also found the executive order discriminated against the federal government based on its status.

King County announced it would not appeal the decision, according to local reports. This ruling is seen as a significant win for federal immigration enforcement, particularly as the incoming Trump administration prepares to address the border crisis.

Tom Homan, the incoming “border czar,” has warned local officials against resisting federal deportation efforts, emphasizing the legal consequences of obstructing immigration authorities. “It is a felony to knowingly harbor or conceal an illegal immigrant from immigration authorities. Don’t test us,” Homan said.

Despite the ruling, resistance to federal immigration law remains strong in some areas. Denver Mayor Mike Johnston openly vowed to mobilize police and residents to prevent federal immigration enforcement within the city. Johnston later walked back a comparison to Tiananmen Square after backlash but continued to express defiance. Homan responded by warning that officials who obstruct enforcement could face jail time.

The Ninth Circuit’s decision reinforces the federal government’s authority over immigration and signals a tougher stance on sanctuary policies as Trump prepares to take office.

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