The Jefferson County Board of Commissioners adopted a policy aligning the county with state law on maintaining a safe and accessible courthouse for all individuals, regardless of immigration status. 

Jefferson County Acting Sheriff Andy Pernsteiner called the policy precautionary, noting that, to his knowledge, Immigration and Customs Enforcement (ICE) has never had a presence at the courthouse. 

“We have actually seen different courthouses across the nation where ICE has come into the courthouse and they don’t have any kind of policy in place, like saying that they can or they can’t make an arrest there, so they just kind of muscle their way in and make arrests,” Pernsteiner said. “From what I’ve been told, if you have a policy in place and the courthouse security tells them, ‘Listen, you are not allowed to arrest someone here without an actual order from the court,’ they’ll leave.” 

Phillip Hunsucker, the county’s chief civil deputy prosecuting attorney, presented a draft of the policy to the commissioners at their Aug. 25 meeting. 

“This is more or less designed so that there are not any surprises in the courthouse about what is going on with someone trying to enforce an administrative warrant for immigration purposes,” he said.

The policy, approved by the county commissioners on Sept. 2, stems from the state’s Keep Washington Working (KWW) Act and its Court Open to All Act (COTA). 

The KWW passed with bipartisan support by the state in 2019, restricts the extent to which local law enforcement agencies can participate in enforcing federal immigration laws, and requires all state law enforcement agencies to adopt the state’s model policies or implement their own that meet or exceed them. 

The state legislature passed COTA in 2020, expanding protections by prohibiting immigration enforcement in or near courthouses without a signed warrant. 

“This is state law and we are implementing a local policy that helps to provide guidance and clarity for our staff and electeds,” said County Commissioner Heather Dudley-Nollette. “State law is already there and in place.” 

The new policy requires law enforcement officers entering the courthouse — except for Jefferson County officers or those participating in court proceedings — to provide identifying information, their purpose for being there and the action they plan to take. If they plan to arrest someone without a signed warrant, they will be denied entry. 

“There’s no federal law that gives immigration, customs and enforcement the authority to make arrests wherever they want,” said Jefferson County Superior Court Judge Brandon Mack, at the Aug. 25 meeting. “If they believe somebody’s a risk to public safety, they can go get a warrant signed by a judge.” 

The policy states that, except in specific, legally defined circumstances, courthouse personnel are prohibited from assisting with or supporting any civil arrest of individuals who are in, traveling to, or returning from the courthouse, including within a one-mile radius of the facility. Additionally, staff may not inquire about or collect information regarding a person’s immigration or citizenship status unless it is legally required. If the information is collected, it can not be shared unless required by law.

“Across the nation, they are stepping up enforcement on immigration,” Pernsteiner said. “We’re basically just trying to get in line with what the state laws are so that we are in compliance.”

The new policy, in its entirety, can be found on the county website.