Clark County Today sat down with Clark County Sheriff John Horch to discuss a number of subjects, and in today’s story, he notes that his department is prohibited by state law from law enforcement action based solely on an individual’s immigration or citizenship status
Paul Valencia
ClarkCountyToday.com
Recently, Clark County Sheriff John Horch sat down with Clark County Today to discuss a number of subjects concerning the Clark County Sheriff’s Office: Staffing issues, department morale, the office’s relationship with federal agencies, the implementation of body-worn cameras, de-escalation training in law enforcement, and more.
Clark County Today is posting several stories in his series.
In the first post, the sheriff sounded the alarm on staffing shortages.
In this post, he discusses his office’s duties in relation to federal law enforcement agencies, including immigration.
‘We don’t do federal enforcement’
Clark County Sheriff John Horch said nothing has changed in his administration in his two years in regard to how his department deals with federal law enforcement cases.
The Clark County Sheriff’s Office is prohibited by state law to enforce federal immigration policies since the Washington State legislature passed the Keep Washington Working Act in 2019.
In 2022, before Horch was sworn into office, the sheriff’s office worked on policy with the Washington Attorney General’s Office. The attorney general’s office confirmed that state law prohibits local enforcement of federal immigration law.
“We don’t do federal enforcement,” Horch said.
This is a hot topic with the Trump Administration making a very public statement on its deportation effort of illegal aliens, but Horch noted he and his deputies also do not work on other federal cases.
“For example, we don’t do IRS stuff. No difference from the FBI. No difference from the DEA, No difference from Immigration,” Horch said.
There are exceptions. If any federal agency has an arrest warrant and asks for help in serving the warrant, deputies could be there, Horch said.
“If they have a federal warrant signed by a judge for a crime, we can, by law, help them,” Horch said.
“We don’t go out on quote-unquote immigration raids,” the sheriff said. “We never have.”
However, help is a call away for agents.
“If they were in an emergency situation, we would help them,” Horch said of federal agents. “We’re not going to leave fellow law enforcement.”
During the course of everyday interaction with the public, though, Clark County deputies will not be asking for documentation.
“We do not ask, we never have, someone’s immigration status,” Horch said. “If they are a victim (of a crime) we just help them. If they are the suspect, we will make the arrest.”
Horch acknowledged that it appears state law and federal law are coming to a head for states such as Oregon and Washington. He said he, too, is in a difficult spot, having taken an oath to support the Constitution and the laws of the United States and to the Constitution and laws of the state of Washington.
“Right now, the law in the state of Washington says you can’t ask immigration status,” Horch said.
He gave the example of marijuana laws. In Washington, the use of marijuana is legal. It is not on the federal level.
“So if the feds came in and said, ‘Sheriff, will you start helping us do marijuana cases?’ No,” Horch said.
A Clark County Sheriff’s Office Written Directive from 2022 states: Clark County Sheriff’s Office personnel shall not initiate or participate in any law enforcement action based solely on an individual’s immigration or citizenship status.
The key word is solely. The sheriff’s office can help if an undocumented person is accused of another crime.
And in a recent media release from the sheriff’s office: We are often asked whether the Clark County Sheriff’s Office will enforce federal immigration policies. The short answer is no; we are prohibited by law from doing so.
And just last week, the Washington Association of Sheriffs and Police Chiefs reiterated its statement from late last year:
“… the focus of local law enforcement is on criminal violations that affect local community safety and quality of life. We have every confidence that our state’s Sheriffs and Chiefs will neither violate state laws nor interfere with U.S. Immigration and Customs Enforcement or federal laws and duties.
“Deportation, immigration, and federal law enforcement duties are under the jurisdiction of the federal courts and federal law enforcement agencies.”
Also read:
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huh, so what do they do? how are they making life in CC better? I see Sheriffs making traffic stops, handling domestic calls. They where the strong arm of tyrants during covid. Think I’ll vote no on any more pay. Last sheriff election, none of the candidates were strong on constitutional protections. In fact, they all could use remedial courses on it, and civics.
The sheriff’s office responded to nearly 200 calls per day (I think the latest report was one every 8 minutes?) over a 656 square mile area. They seized just shy of 100,000 fentanyl pills, 271 pounds of meth, 32 pounds of heroin, and 4 pounds of cocaine. They handled 70 major crimes investigations, including 8 homicides and nearly 500 fraud cases. They responded to thousands of calls about reckless drivers, road hazards, suspicious circumstances, and traffic accidents.
All of that with a staffing shortfall of 20%+
That’s what they do.
Your comment here makes it seem like you could use some remedial classes on the actual job of the Sheriff’s Office. Maybe also some on the differentiation between state and federal governments – that’s in the Constitution as well! You should actually read it sometime, you might find it enlightening.
if they won’t put the constitution above local law, which they all wouldn’t during a QA in past election cycle, then they can look elsewhere for more money. If they want more money, they have to earn it by standing strong and doing the right thing, not by following the rules blindly.
I think the problem we’re faced with is that your opinion of what should or should not qualify as “constitutional” is not necessarily reflective of what constitutional legal practice and the Supreme Court have determined.
In fact, a system where our law enforcement was allowed to selectively enforce rules based on their own idiosyncratic interpretation of what the Constitution means would be a living nightmare.
The simple fact is that the Sheriff’s Office is bound to enforce the laws as they exist, not as you would like them to be. Your personal opinion on these topics isn’t binding or relevant.
You could use a bit of schooling on civics yourself. Strong arm of tyrants? Would you like the Drama Queen of the Year award? What did the CCSO do during covid to warrant that? As for immigration performance, as he stated, they follow the laws as written. I prefer my law enforcement folk to follow the law. Apparently you don’t.
you supported the covid tyranny? you’d trade those laws for your freedoms?