The Ninth Circuit Court of Appeals has ruled that federal immigration authorities have the constitutional right to deport illegal immigrants without interference from local officials. The decision addressed a 2019 executive order from King County Executive Dow Constantine that restricted ICE flights at a county airport.
Constantine’s order blocked fixed base operators (FBOs) from providing essential services to ICE-chartered flights, such as fueling and landing access. The Trump administration sued, arguing that the order violated the Supremacy Clause and an agreement permitting federal use of the airport.
The court ruled in favor of ICE, stating that the executive order unlawfully interfered with federal operations and discriminated against the government. The panel found that local officials cannot regulate federal agencies performing immigration enforcement.
King County announced it would not appeal the ruling, marking a significant victory for the federal government as the Trump administration ramps up border enforcement. The incoming administration has vowed to address the border crisis and combat sanctuary city policies that shield illegal immigrants from deportation.
Tom Homan, the designated border czar, has issued warnings to local officials who resist ICE operations. “It is a felony to knowingly harbor or conceal an illegal immigrant,” Homan stated. “Don’t test us.”
Resistance to federal enforcement remains in some cities. Denver Mayor Mike Johnston pledged to block federal agents from entering his city, comparing his efforts to the Tiananmen Square protests. Johnston later walked back the analogy but reiterated his opposition to ICE.
The Ninth Circuit’s decision reinforces the federal government’s authority over immigration enforcement and signals legal challenges for sanctuary cities opposing deportations.
