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Wednesday, August 23, 2017 VOL. 50, NO. 34 75¢ islandssounder.com
Another whirlwind county fair
Mandi Johnson, Colleen Smith Armstrong and contributed photos
Far left: A wild tiger appears at the county fair. Left: A show cow lounges below her many awards. Above: Victoria Shaner and daughter Cora. Right: Jade Cooper Yockers competes in Western.
Immigration initiative passes without citizens’ vote by Hayley Day Journal reporter
Immigrants may feel safer under a new county code, but it may surpass local government power. On Tuesday, Aug. 15, San Juan County Council unanimously adopted an ordinance to prevent the collection of immigration statuses. Without this information, county staff cannot share it with federal agencies to deport undocumented immigrants. “This may or may not be a perfect initiative, typically that’s what the courts are for to ultimately resolve,” said Councilman Bill Watson. “What’s really important is that our residents feel they have equal protection.” If the ordinance had not been adopted by council, an initiative proposing it would have been on the general election ballot this fall. The public hearing brought roughly 20 residents who spoke in support of adopting the ordinance that day and two against. The main unfavorable opinion at the meeting came from San Juan County Prosecuting Attorney Randall Gaylord. He said he opposed the ordinance because some sections violate local, state and federal laws and
prohibit everyday county employees’ work. These violations may lead to lawsuits against the county, he added. Eleanor Hoague of Orcas, who wrote the initiative, is a retired lawyer with 40 years of immigration advocacy experience. While she was not permitted by the council to give a presentation the way Gaylord did at the meeting, she later told the Journal she used an immigration guidance on immigration by the Washington Attorney General to write the initiative. According to a Washington Attorney General press release, the guidance was created to “help local government entities…respond to federal requests for assistance with immigration enforcement.” One section Gaylord objected to prevents county staff from releasing information to any local, state or federal government agency unless it includes a judicial order. This, he said, breaches Title 8 of the U.S. Code, which states releasing immigration statuses to government agencies cannot be restricted. The guidance, however, states Title 8 does not require agencies to collect information about citizenship. Some appeals for information
wouldn’t be signed by judges, either, said Gaylord, like public records requests. Gaylord said assisting other law enforcement agencies maintains safe communities, while Hoague said it leads to deportation. “It would break my heart if a father, a mother was accused of child abandonment, and prior to their being convicted, they were turned over to ICE [U.S. Immigration and Customs Enforcement] and deported, breaking up a family,” she said. Another section Gaylord objected to prevents county staff from collecting, not only information on national origin and immigration status, but race, gender, sexual orientation, religion, ethnicity, even if given voluntarily. This, said Gaylord, violates a state law that requires superintendents of correctional facilities to inquire about the nationality and immigration status of inmates. Hoague said there is no conflict with state law because the information would be collected after the citizen was convicted of a crime, while the initiative is preventing collecting information before a judicial ruling. That section also prevents many
county departments from collecting data, said Gaylord, including the sheriff’s office’s collection of suspect, victim and witness information, which could stall crime investigations or incriminate incorrect suspects. Councilman Rick Hughes asked if this limitation on data collection would prevent the completion of county job applications or employee health benefits forms. Gaylord said yes, as there are no exemptions in that section. Hoague said the heading of this initiative section specifies that it only applies to immigration, not personnel or other law enforcement documents. Rhea Miller of Lopez, who served 10 years on the San Juan County Council, said making council decisions isn’t always easy, especially with the issues Gaylord mentioned, but the councilmen have the community’s support. “You know in your hearts this is the right thing to do,” she said. Berto Gandara, the priest at Emmanuel Episcopal Parish on Orcas Island, said he knows immigrants who are apprehensive of law enforcement out of fear of being deported. The ordinance could instill trust and passing it would prevent a hostile
election season, he said. County staff already comply with some sections of the initiative, said
SEE IMMIGRATION, PAGE 4
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