ICE Jurisdiction and Guardianship Cases Tackled in Superior Court

News by Angela Downs 

PORT TOWNSEND, WA — In Superior Court on January 23, issues of human freedom were discussed through the lens of agency negotiation and familial communication. Two cases stood out for their relevancy to our current time and our community needs. 

US Immigration and Customs Enforcement (ICE) states on their website, their mission is to, “protect America from cross-border crime and illegal immigration.” But protests are happening nationwide as ICE officials have repeatedly shot and killed people and violated the Fourth Amendment with unreasonable and unwarranted search and seizure. While Port Townsend has not seen any of this violence and the local police have reassured the public there have been no known ICE officials in town, we still have to work with them as a systems agency.

A man on trial in Port Townsend for a DUI is being detained by ICE in Olympia. ICE will not participate in transportation. They will allow him to appear in court if the Port Townsend Police Department picks him up and returns him to custody. The public defense argued it is his constitutional right to trial.

The Defense referenced the Keep Washington Working Act (KWW), Washington State Legislature written with the purpose of “ensuring the state of Washington remains a place where the rights and dignity of all residents are maintained and protected in order to keep Washington working.” KWW limits the scope to which local law enforcement agencies (LEAs) are involved with the enforcement of federal immigration laws.

Even so, the prosecution office argued the jail break risk was too high for the local police to take. If something were to happen while the accused was in their custody before returning him to detention, the police would be responsible to the federal agencies. The request for transportation was denied, but it is possible the defense may resubmit.

While one case risks jail break, another risks another type of captivity: the guardianship of older adults. This is especially important to Port Townsend, given our median age of 65 and a high percentage of those in their 70s and 80s.

Keeping older adults safe is an essential issue our city faces. Where and how people age and die is a key not just to the health and safety of those individuals, but also to our housing crisis jigsaw. Many of the older adults have homes that are too big and dangerous for them, but nowhere to move to or no family to move in with. Alzheimer's is on the rise, one of the most common reasons for placing legal guardianships for older adults. Along with other severe cognitive impairments, they may need care that manages their health, finances, and daily living needs.

Guardianship could also result in the total loss of a person's civil liberties, including the right to marry, vote or manage finances. In extreme and tragic cases, there is potential for abuse, exploitation or neglect by guardians made possible by lack of court oversight.

Gail Katz, represented by Kimberly Tabor, filed to end her guardianship and conservatorship. “Gail no longer needs a guardian. I have seen her competency over the last year,” said Tabor. The guardian was a significant contributor to Katz’s current status, but she has support in place, now knows how to ask for help, and communication with her son has improved.

The end of her guardianship and conservatorship was approved. “It’s been a long year,” Katz said to the court, “[A]nd I’ve learned so much. I am really relieved.”