Attorney General files suit against Adams County SO; dispute over immigration

SPOKANE — The Washington Attorney General’s Office has filed suit against the Adams County Sheriff’s Office and Adams County alleging the sheriff’s office is violating state law by working with the federal government on immigration enforcement. 

The suit was filed Monday in Spokane County Superior Court.  

“A lawsuit against a county may be brought in that county’s superior court or in the superior court of either of the two nearest judicial districts,” wrote Mike Faulk, deputy communications director for the AG’s office, in answer to an email from the Columbia Basin Herald. “Spokane is one of those judicial districts.” 

The suit claims that the ACSO is in violation of a state law passed in 2019 called the “Keep Washington Working” act.  

“The plaintiff prays that the court, adjudge and decree that Adams County and the Adams County Sheriff’s actions as set forth violate KWW,” according to the lawsuit. 

It asks that ACSO be directed to stop engaging in conduct the AG’s office contends is illegal.  

Adams County Sheriff Dale Wagner said in a statement that the AG’s office is attempting to make the job of law enforcement more difficult. 

“Our deputies take an oath to protect our communities from criminal activity regardless of where it originates,” the statement said. “The claim that we are engaging in ‘illegal federal immigration enforcement’ misrepresents the reality of law enforcement in Adams County. We do not enforce federal immigration law, but we also will not turn a blind eye to criminal activity, no matter who commits it.” 

“The state’s restrictions attempt to tie the hands of law enforcement, making it harder to cooperate with federal agencies that help keep dangerous individuals off our streets. Public safety should never be a political issue, yet this lawsuit prioritizes ideology over the safety of our communities,” the statement said. 

Adams County Commision Chair Mike Garza answered the Columbia Basin Herald's request for comment saying, “At this time, since this is an ongoing legal matter, we do not have a comment.”  

Adams County Prosecutor Randy Flyckt appointed the Aird Law Group as special deputy prosecutor for this case, Garza said. 

The lawsuit claims that ACSO is not following its obligations under state law. 

“Since at least 2022, they have consistently engaged in several practices that violate state law,” the lawsuit said. “Sheriff’s deputies have unlawfully held people in custody based solely on their immigration status. They have gone out of their way to enable federal immigration agents to interview or question people in custody, including transporting people in county vehicles expressly for that purpose.” 

The lawsuit also contends that ACSO has shared nonpublic information about Washington residents with federal immigration officials. 

The two sides have been in communication, the lawsuit said. 

“By late 2024, the parties were involved in good faith settlement negotiations in the hopes of resolving the case without costly litigation,” it said. 

However, Adams County officials contended in a letter sent in February that the state’s law doesn’t match up with federal law. 

“Adams County has obligations under federal law that directly conflict with the sanctuary state statute,” wrote Joel Ard of the Ard Law Group. “Federal law is supreme over state law, and Adams County cannot discriminate against the federal government and its immigration enforcement efforts, nor can the county impede these efforts.” 

The AG’s lawsuit contends that’s incorrect. 

“Courts have reiterated multiple times that states have a right to limit their cooperation with federal immigration authorities and that laws like KWW do not violate the federal constitution or other federal laws,” the lawsuit said. 

In his letter, Ard argued that the AG’s office was incorrect. 

“As the Supreme Court made clear in Arizona v. United States, ‘the federal power to determine immigration is well settled. There is no doubt that Congress may withdraw specified powers from states by enacting a statute containing an express preemption provision,’” Ard said, quoting a US Supreme Court decision.  

    Adams County Sheriff Dale Wagner said a lawsuit from the Washington Attorney General’s Office misrepresents the county’s actions.