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Reason
Reason
Politics
Eugene Volokh

King County (Wash.) Violated Constitution and Contract by Trying to Ban ICE Flights Through Its Airport

From today's opinion in U.S. v. King County, written by Judge Daniel Bress and joined by Judges Michael Hawkins and Richard Clifton:

For some years, United States Immigration and Customs Enforcement (ICE) chartered flights out of Washington's King County International Airport, also known as Boeing Field, to transport removable aliens from this country elsewhere. At Boeing Field, fixed base operators, or FBOs, lease space from the airport and provide flights with essential services, such as fueling and landing stairs. In 2019, based on its stated disagreement with federal immigration policies, King County promulgated Executive Order PFC-7-1-EO, which directed county officials to ensure that future leases at Boeing Field prohibit FBOs from servicing ICE charter flights. Shortly after the County issued the Executive Order, all three FBOs operating at Boeing Field announced that they would no longer service ICE.

The Ninth Circuit held that King County's actions unconstitutionally violated the "intergovernmental immunity doctrine":

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