Archive for the ‘Freedom’ Category

img_0032At the City Council meeting on February 7, Council member Mike Scott will introduce a resolution and ordinance designed to minimize the use of island policing resources to do the job of federal immigration authorities. Somewhat misleadingly known as “sanctuary city” laws (more accurately termed, “community policing laws,”) these kinds of policies have been adopted around the country, either formally or informally.

Contrary to some misunderstandings about what these laws are, they do not provide undocumented immigrants a place to hide from federal immigration authorities. Instead, they provide that local police will not use local resources to do the work of federal authorities in enforcing immigration laws, absent a court order or, in some jurisdictions, under very limited circumstances having to do with previous immigration violations and the commission of a serious violent felony. Absent those specified circumstances, police will not inquire about a person’s immigration status, or detain a person longer than they have legal authority to do. In the past and in some jurisdictions now, local law enforcement detains noncitizens longer than they would otherwise be allowed to do, in order to give Immigration and Customs Enforcement (ICE) the time to investigate the person’s immigration status. Some courts have held that so-called “ICE detainers” are unconstitutional, and many jurisdictions, including the Kitsap County Sheriff’s Department, now decline to hold noncitizens under those detainers.

There are over 326 counties, 32 cities, and four states that limit local law enforcement’s involvement in federal immigration enforcement. Police departments tend to support these community policing laws. As Tom Manger, Chief of Police for Montgomery County and President of the Major Cities Chiefs Association, has said, “To do our job we must have the trust and respect of the communities we serve. We fail if the public fears their police and will not come forward when we need them. Whether we seek to stop child predators, drug dealers, rapists or robbers—we need the full cooperation of victims and witness. Cooperation is not forthcoming from persons who see their police as immigration agents. When immigrants come to view their local police and sheriffs with distrust because they fear deportation, it creates conditions that encourage criminals to prey upon victims and witnesses alike.”

On January 25, the president of the United States signed an Executive Order (EO), directing local jurisdictions to assist with federal immigration orders, regardless of local ordinance or policy. The EO provides that jurisdictions that don’t comply will lose federal funding. This EO has been the subject of widespread condemnation by immigrant and human rights advocacy groups, as well as mayors, governors, ordinary citizens. Seattle mayor Ed Murray called the day the EO was signed the “darkest day in immigration history” since the Japanese internment and said he’s prepared to lose “every penny” of Seattle’s federal funding, which was about $85 million in 2015. Governor Jay Inslee called the EO “mean-spirited, unnecessary and contrary to our values as Americans.” (more…)

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By Kelly Vomacka

*Editor’s note: The author is a lawyer who has provided volunteer assistance to the Kitsap Immigrant Assistance Center (KIAC) in Bremerton, among other nonprofits. Her story was provided to me by KIAC’s Immigration Legal Services. Her experiences occurred during President Obama’s time in office. He deported over 2.5 million people, more than any president in history, continuing the upward trend in deportations since the 1980’s.  Incoming president Donald Trump has made mass deportation one of his signature issues, promising to deport as many as 11 million people. This article details the process as it is today; if deportations increase, the system’s ability to respond will undoubtedly deteriorate, and the way human beings are treated–including many children— will become inestimably worse.

A couple of years ago, I volunteered at a weekend workshop for immigrant “Dreamers”—those people you’ve heard about in the news who were illegally brought to the US as infants and are now in their 20s. I enjoyed the workshop so much that by the time I left I wanted to practice immigration law. I loved hearing the Spanish, seeing the amazing young people, helping immigrants achieve the American Dream. Most of my legal experience was in criminal law, and seeing a young adult with no convictions and straight A’s did my heart good.


Detainees inside the women’s wing of the Northwest Detention Center in Tacoma. (Photo by Alex Stonehill)

So off to Immigration Land I went. A friend of a friend helped me get started, throwing me various bits of contract work and showing me the ropes. Suddenly, there I was, going to court, writing appeals, the works. And what I quickly discovered is that one does not dabble in immigration law. It’s fantastically complex, and trying to peer at the hairs they split could make you go blind. Plus, if you lose, your client doesn’t go to prison, they go to a country where they are pretty likely to die. As in: die. Be dead.

So I chickened out and came back to criminal law. But along the way I met enough immigration lawyers that I started doing some post-conviction relief work for their clients, and I volunteered for a couple of pro bono immigration cases.

Even this tiny bit of immigration “experience” sets me apart from the average criminal attorney, for whom immigration law is a mysterious black box and all they know is “talk to Washington Defender Association.” That’s all I know, too, but I’ve visited Immigration Land just enough to have a few postcards to share from my travels. I think of myself as a tourist who went to Europe and saw 9 countries in 10 days. Here’s what I’ve learned.

I love the Constitution

Seriously, love it. Have you ever wondered what criminal law would look like without it? Okay, I know, you see that every single day. So do I. But really, what if it wasn’t there? What if the accused had no right to counsel, no speedy trial, no jury, none of it? Okay, a few shreds of Due Process for decency’s sake, but that’s all.

There’s no Constitution in immigration law. Not much of one anyway. The Constitution does not apply to borders, and, thanks to our old friend the Legal Fiction, much of immigration law is considered to be “at” the border. Clients have no right to a lawyer, since immigration law is “merely” civil. I have sat in court and watched person after person, with no legal training, no English, and no interpreter, try to defend themselves against deportation. I’ve seen a judge prevent an interpreter from interpreting, even though the interpreter was sitting right there. I’ve seen continuances that go years into the future, once because the interpreter didn’t show up, a few times because the judge was out sick. I’ve seen people locked up without bond who have committed no crime at all.

I’ve seen people locked up on obviously unconstitutional searches and seizures. Yes, I wish the criminal courts would follow the Constitution more closely, but boy oh boy am I glad it’s around at all.

The detention center is a hole

The Northwest Detention Center is the worst jail I’ve ever seen, hands down. It sits out on the Tacoma Tideflats, over a Superfund site. It is surrounded by concertina wire. There is no bus service. The only parking is for staff and government lawyers. There are no coffee or sandwich shops nearby. It is privately run by a national prison corporation, and Congress has mandated a quota of inmates. You read that right: The detention center is required, by law, to fill a certain number of beds each night.

The front door greets you with numerous signs telling you what illnesses you may contract if you go inside. The architecture is Late Brutalist, constructed of whitewashed concrete blocks. Despair oozes from the walls. Everything about the place says “Danger. Keep out.”

But you enter anyway, because you need to get to the courtroom inside. You go through security screening, which is similar to jail screening. Then you are buzzed through a heavy locked door into a dismal waiting area that compares unfavorably to the airport. You make pleasant small talk with the guard to charm your way through the next locked door, into a narrow hallway lined with benches. On those benches are potential deportees, color-coded jail garb, at various levels of misery. Finally you are admitted through the third locked door into the courtroom. I should mention, if it’s not obvious, that the courtroom is open to the public.

I should also mention that plenty of people housed there have legal status in the US. Many of them are Legal Permanent Residents, and notice that first word there is “legal.” Not all, not most, but many.

There’s also a court in Seattle. I can’t call it a courthouse. It’s a suite in an office building downtown. No locked doors, but same screening, same dismal waiting area.

All of the courtrooms are beautiful, with churchy pews for the audience, a wooden railing with a proper gate, big gleaming counsel tables, comfortable chairs, and top notch electronics. The courtrooms are painted in a rich teal that exudes both power and calm. The “judges” wear robes (more on the air quotes in a minute), and the staff operates with hushed efficiency.

It’s not a real court

They hate it when you say this, but it’s true. Immigration courts are administrative bodies, not courts. The judges answer to the Attorney General, and ultimately to the president. They are employees of the executive branch of government, and if they stray from government policy, they are punished. They have no judicial independence whatsoever.


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Press release from the City of Bainbridge Island today:

Consumer Fireworks Will Not be Permitted on Bainbridge Island

Bainbridge Island, Wash., (June, 2015) The Bainbridge Island Fire Department, with the support of the City of Bainbridge Island and the Bainbridge Island Police Department, announced today that consumer fireworks will not be permitted this Fourth of July.

The ban is due to the regions tinder-dry conditions, and concern that current conditions combined with hot and dry weather in the forecast make the island extremely susceptible to wildfires. At this time the community Grand Old Fourth firework show is scheduled to proceed.

In addition to being liable for any property damage that would result from an errant firework, those that choose to discharge fireworks in spite of the ban could be cited with a civil infraction and subject to a monetary penalty and default amount of $500 plus statutory assessments. A second violation would constitute a misdemeanor and could carry a fine up to $1000, or imprisonment in jail for a term not exceeding 90 days.

City Manager Doug Schulze emphasized the importance of the ban as a precautionary measure during this extremely dry fire season, “The City fully supports the Bainbridge Island Fire Department’s institution of the ban on fireworks for this season, and encourages Bainbridge Island residents to do their part to protect our island environment and public and private property by complying with the ban, and choosing to enjoy the public fireworks display instead.”

According to the Bainbridge Island Municipal Code Chapter 8.28, the Bainbridge Island Fire Department is authorized during periods of extreme fire danger to prohibit all fireworks. For more information on the ban, please contact Bainbridge Island Fire Department Chief Hank Teran at 206.842.7686. To report the discharge of fireworks, please call 911.

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From now until Election Day on November 5, Bainbridge Notebook will be devoted to news and opinion about the upcoming Bainbridge Island election, with an emphasis on the races for City Council.

For the first time in memory, there are two explicit slates of candidates running for Council. One slate is supported by anti-government, property rights activist Gary Tripp and his newly formed political action committee with its deep-pocket donors.

The other slate is supported by the 23rd Legislative District Democrats, the Sierra Club, Quality Bainbridge, and countless average citizens. That slate consists of Wayne Roth, Val Tollefson and Roger Townsend.

We’ve had two years of nearly constant turmoil at City Hall as the Council majority and its allies have run out of town a city manager, a police chief, a city attorney and a public works director. Now they’re beating the drum against the planning director (along with a code enforcement officer who left the City months ago). (more…)

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If you haven’t had enough Fourth of July yet, I have a treat for you. Pictures! Yay!

Take a look at island photographer Jay Trinidad’s pictures of this year’s Grand Old Fourth in Winslow. They’re all there: the pipers, the sports teams, the teens on their phones, the kids in strollers, the dogs, the military, the saluting candidate for state representative (editrix’s note: please vote for his opponent, Drew Hansen.)

Check Jay out. He has a lot of interesting stuff on his website and blog.

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A moment of gratitude for our state legislature, our Governor, our wonderful state! Marriage Equality is now law (I don’t care about the referendum, at least not today. I’ll be out there campaigning if it makes it to the ballot). Governor Gregoire gave a moving, powerful speech before she signed around noon today.

Read about it here. When I can find the text of her remarks, I’ll post them. Gregoire’s press release contains some of the wonderful things she said, here.

UPDATE: Click here for the video of the speech and signing. Here is the text of her prepared speech.

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Bainbridge Island Council member Kirsten Hytopoulos will soon propose an island-wide ban on single-use plastic bags. The ban has the full support of our local grocery store, Town & Country, which has had a bring-your-own-bag incentive program for several years.  Plastic bags blow from hands, garbage cans, and dumps.  They end up in our ditches, beaches, forests and waterways. Many make it to the Pacific Ocean, caught by ocean currents in a giant collection of plastic known as the Great Pacific Garbage Patch, twice the size of Texas. Plastic doesn’t decompose but instead breaks up into ever smaller polymers. Birds, mammals and sea creatures eat it, get tangled in it, suffer and die from it. Or they don’t die, but instead land on our dinner plates, and WE eat the plastic. Bon appetit!


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art_mayfield_case_ap.jpgEver since our local law enforcement answered media questions about last year’s still-unsolved Tolo Road arson with contradictory and coy statements, admitting they had found no evidence suggesting eco-terrorism, while saying they were questioning bloggers about a wetland controversy next door to the arson—and interviewing at least three citizens whose only “connection” to the case was their interest in environmentalism–I’ve been mighty suspicious of the ease with which the word “terrorism” is thrown around.


The longer the country lives under the rule of the Patriot Act, the more I wonder whether a terrorism angle is routinely thrown into criminal investigations, because an investigation into possible terrorism, whether foreign or domestic—no matter how flimsy the connection–triggers the enhanced surveillance and investigation tools under the Patriot Act. We’re never going to know, because they don’t have to tell us when they’re sneaking and peeking into our lives without complying with the U.S. Constitution.

So I was delighted to read that Judge Ann Aiken, of the U.S. District Court for the District of Oregon, issued an historic decision last week, holding that two challenged provisions of the Patriot Act are unconstitutional. In the process, she warned of the very dangers about which civil rights activists have been complaining since the passage of the Patriot Act, and that we stumbled into in our own community with the investigation of one of the island’s rare serious crimes. (more…)

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walker.jpgArthritis. Joint replacement. Walkers. Insurance. Yawn.

Now that you’re bored, I’ll just slip this in: I’m taking a short break from blogging because I’m having surgery.

I’m going to say it’s knee surgery because that sounds athletic and cooler than hip, which automatically makes nurses talk louder and enunciate carefully, as if it’s ear replacement we’re talking about. Whatever. I’m just writing this to inform the guy from the U.S. Department of Treasury’s Office for Asset Forfeiture, who has stopped by this blog a couple times, that I’m keeping my opinions to myself for a week or two. Unless I run into Michael Moore. Oops. Now I’m on another watch list. (more…)

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When a litigious adversary starts arguing in favor of his opponents’ position, a little skepticism is in order.

So when live-aboard critic and property rights busy beaver Gary Tripp started sending around emails about the City’s proposal to establish an open-water marina, telling the City Council to “give the liveaboards what they want,” I decided to do some beavering of my own.

I was reminded that Tripp and his group, Bainbridge Citizens United, have been mounting a serious effort to get rid of live-aboards altogether. In 2005 they sued the Washington Department of Natural Resources to force DNR to evict the live-aboards for trespassing on state-owned aquatic land. The Kitsap County Superior Court dismissed their lawsuit in January of this year, but the Tripp group has filed an appeal. (more…)

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