Fear is growing in immigrant and non-immigrant communities across Northwest Washington as federal immigration detentions increase.
In the past two weeks, a large raid on a Whatcom County business resulted in 37 workers being arrested as well as high-profile detainments of a local farmworker activist and a UW Medicine employee. Most were taken to a Tacoma detention facility.
For those impacted, knowing legal protections and rights is key. And the “100-mile rule,” where U.S. Customs and Border Protection (CBP) claims broad authority to enforce immigration laws, has an even greater impact on local residents.
As the Trump administration continues a crackdown on immigrants without status in the U.S., as well as revoking student visas and arresting permanent residents, the Constitution protects people, regardless of immigration status, from random searches as well as First Amendment-protected speech.
“What we are advising people is that it might be good to know your rights and to exercise them when you can when it’s appropriate, but most importantly I think, know your immigration status, know your history,” said Gabe Harrison, an immigration attorney based in Bellingham. “We’re advising people to talk to an attorney … just somebody who can give you good advice so that you can be armed with that knowledge, and I think that can be as useful as exercising your rights.”
Washington is home to an estimated 325,000 unauthorized immigrants, according to the Washington State Budget and Policy Center. There are 7.9 million people living in Washington.
In Whatcom County, according to the 2023 American Community Survey, at least 22,573 of the county’s 230,000 residents were foreign-born, 45% of whom were not citizens. That means they were lawful permanent residents, temporary migrants such as foreign students, humanitarian migrants and unauthorized migrants. About 60% of Whatcom County’s foreign-born population comes from Latin America.
In Skagit County, 12,180 of the 131,000 residents were foreign-born, 55% of whom were not citizens, according to the ACS. Around 57% of foreign-born residents come from Mexico and 16% of those age 16 and older work in agriculture and forestry.
Deporting the estimated 325,000 undocumented immigrants in Washington would result in a loss of $100 million per year in state and local tax revenue, according to B&P.
Our border zone is unique
All people residing in the U.S. are protected under the Fourth Amendment of the Constitution, which protects people from random and arbitrary stops and searches.
But because Whatcom, San Juan and Skagit counties are within 100 miles of the Canadian border, things are a little different.
Federal law allows for Customs and Border Patrol agents and other immigration agents to board buses and trains without a warrant within 100 miles of a U.S. land and sea border, according to the ACLU. CBP agents can also pull you over while driving if they suspect the driver or passenger has committed an immigration violation or a federal crime.
On buses and trains, agents should be asking brief questions about passengers’ immigration status, asking them to show immigration documents or both. Passengers have the right to remain silent.
When immigration agents pull a person over, questions should relate to why they had suspicion to conduct a traffic stop. The driver or passenger can ask about probable cause for the stop and the agent should state why. The driver and passenger have the right to remain silent.
It is also within people’s rights to film and photograph federal immigration enforcement action, while making sure to get names and badge information. The information can then be used in immigration court.
However, noncitizens can still be detained without a warrant.
Additionally, since most of Whatcom County is within 25 miles of the border, immigration agents are allowed to enter private property, like a yard or ranch land, without a warrant, according to the ACLU. Their jurisdiction is narrow, however. If agents want to enter a house, or “dwelling,” they cannot do so without a warrant. People can also request to review a signed warrant by a judge.
The Immigrant Legal Resource Center has created free Red Cards (Tarjetas Rojas) for people to print in a variety of languages. While the red cards are not legal advice, they remind people they don’t have to open the door, sign anything or answer any questions if federal law enforcement agents knock.
What about local law enforcement?
According to Washington state’s Keep Washington Working Act, police departments and sheriff’s offices are not allowed to assist in immigration-related enforcement actions.
Whatcom County Sheriff Donnell “Tank” Tanksley said at a CDN Town Hall last week that while the Whatcom County Sheriff’s Office has partnerships with federal law enforcement, he’s made it clear that he cannot enforce federal immigration rules or violate the Washington state code.
“The laws of Washington, for me, are not a buffet, where I pick and choose which ones to enforce and which ones not to enforce,” Tanksley said.
Jails are also not supposed to hold immigrants without legal status until federal law enforcement agents have arrived.
The Keep Washington Working Act, however, hasn’t stopped one Eastern Washington sheriff’s office from working with federal partners on immigration-related activities. Adams County Sheriff deputies and Sheriff Dale J. Wagner have violated the law since at least 2022, according to a lawsuit filed by Washington State Attorney General Nick Brown.
The AG alleges Wagner and his deputies have unlawfully jailed people based on their immigration status, allowed federal immigration agents to question those in custody and shared personal information of residents with federal officials, including sending lists of people in its custody.
Meanwhile, across the border in Idaho, local sheriff’s offices have been working with ICE. In Kootenai County, the jail has at least 72 people booked in on immigration holds, many of whom were arrested by Border Patrol in Washington, according to InvestigateWest.
Be prepared: Carry documents and know how to get help
Aaron Korthuis, a senior attorney at the Northwest Immigrant Rights Project, recommends naturalized citizens and non-citizens keep copies of their immigration papers on them at all times.
“I don’t think it can hurt to carry a copy of your certificate of naturalization or a copy of your passport identity page … because that should make it clear to a federal law enforcement officer that they can’t detain you for immigration reasons,” he said.
The National Immigrant Justice Center also recommends people stay calm and not resist immigration officers during an encounter. Don’t lie about your status either.
Harrison said when people know their immigration status and if they have a petition working through the immigration courts that it’s OK to assert themselves to federal immigration agents. That can include asking for notice to appear in court and asking if you’re free to go.
“Then all of a sudden, you’re not facing the wrong judge, the wrong bond, the change of venue that you were going to have to deal with in the detention center,” he said.
Be prepared to make emergency plans if a loved one without legal status is detained. That can mean making sure someone is around to take care of children and ensuring emergency numbers, including that of a lawyer, are memorized.
Immigration court doesn’t guarantee a lawyer, but a detained person still has the right to speak with one.
NWIRP can be contacted at 253-383-0519 if someone is in need of an immigration attorney.
The Washington Immigrant Solidarity Network also operates a Deportation Defense Hotline (844-724-3737), which is available Monday through Friday from 6 a.m. to 6 p.m. in more than 300 languages.
“If you witness or hear about immigration enforcement activity, please encourage those with firsthand knowledge to call our Deportation Defense Hotline during operating hours,” WAISN Executive Director Velasquez told Cascadia Daily News in February. “If no operators are available during your call, please text us with details so we can prioritize following up.”
People can also donate to the organization’s Fair Fight Bond Fund that helps people pay their bail while in detention so they can return to their communities while their immigration case plays out in court.
“It’s not like criminal proceedings where you can go to a bonds person and ask for help,” Korthuis said. “You have to pay the full amount.”
At the CDN town hall, Korthuis also recommended people donate financially to NWIRP since the legal organization is facing funding difficulties due to state and federal budget issues. People can also donate their time as translators or lawyers if they have the training.
“I think people in my organization and elsewhere generally genuinely feel under attack at the moment,” Korthuis said. “I think ensuring that those people that you do know that are standing up for people’s civil rights in this moment and supporting them is important, too.”
Annie Todd is CDN’s criminal justice/enterprise reporter; reach her at annietodd@cascadiadaily.com; 360-922-3090 ext. 130.
