OLYMPIA—In a significant escalation of the federal government’s efforts to enforce immigration laws, United States Attorney General Pam Bondi has notified Washington state Governor Bob Ferguson that the state qualifies as a sanctuary jurisdiction, requiring immediate steps to repeal related policies and affirm compliance with federal statutes, or face potential legal and financial consequences that could reshape state-federal relations.
“I will share a more detailed response to AG Bondi on Tuesday,” Governor Ferguson wrote in a statement to the Lynnwood Times. “Washington state has no intention of changing our values in the face of threats from the Trump administration. The federal government’s relentless targeting of law-abiding immigrants is wrong. The Keep Washington Working Act is an important law that helps protect Washington families in the face of this assault. The Keep Washington Working Act requires our state and local law enforcement to focus on keeping Washingtonians safe, rather than allowing limited resources to be used for federal immigration enforcement. Protecting hardworking Washingtonians who are abiding by our state laws and keeping families together reflect our values as a state.”
“Our office is reviewing the letter and will discuss it with our state agency clients,” wrote Mike Faulk, Deputy Communications Director with the Washington State Attorney General’s Office, in a statement to the Lynnwood Times. “The Keep Washington Working Act does not conflict with federal immigration law.”
The Department of Justice’s (DOJ) letter is pursuant to Executive Order 14287, titled “Protecting American Communities from Criminal Aliens,” that President Donald J Trump signed on April 28, 2025.
The order directs the U.S. Attorney General Bondi and the Secretary of Homeland Security Kristi Noem to identify jurisdictions with sanctuary policies that hinder federal immigration enforcement, notify these jurisdictions of their status, and evaluate options for adding immigration-related conditions to federal grants and contracts.
The letter specifically identifies Washington state as engaging in sanctuary policies and practices that thwart federal immigration enforcement efforts, demanding a response by August 19, 2025: “You are hereby notified that your jurisdiction has been identified as one that engages in sanctuary policies and practices that thwart federal immigration enforcement to the detriment of the interests of the United States. This ends now. By Tuesday, August 19, 2025, please submit a response to this letter that confirms your commitment to complying with federal law and identifies the immediate initiatives you are taking to eliminate laws, policies, and practices that impede federal immigration enforcement.”
The DOJ in its letter warns Governor Ferguson of severe consequences for non-compliance, including investigations into potential violations of federal statutes, criminal prosecutions for individuals obstructing enforcement, and civil liability for entities violating communication requirements under immigration laws.
“Individuals operating under the color of law, using their official position to obstruct federal immigration enforcement efforts and facilitating or inducing illegal immigration may be subject to criminal charges,” the letter reads.
Additionally, the DOJ informed Ferguson that the state’s designation as a sanctuary jurisdiction could lead to the restrictions on federal funding to Washington state, as permitted by the President Trump’s executive order.
This notification comes amid ongoing federal scrutiny of Washington’s sanctuary policy, specifically the Keep Washington Working Act (KWWA). The KWWA (RCW 43.17.425), enacted in 2019 does the following:
- Prohibits state and local law enforcement providing aid in federal civil immigration enforcement.
- Bans holding individuals in custody solely based on immigration status.
- Restricts sharing nonpublic personal information with federal immigration authorities.
- Limits interviewing or detaining people based only on immigration status, except in specific public safety scenarios.
In March 2025, Washington Attorney General Nick Brown filed a lawsuit against the Adams County Sheriff’s Office, alleging it violated state law by holding individuals based on immigration status, assisting federal agents in questioning detainees, and sharing confidential information with immigration officials.
The sheriff’s office, defended by America First Legal, supported by Cooper & Kirk PLLC and Ard Law Group, countered that the state’s sanctuary policies compel violations of federal law. The
Brown’s lawsuit has drawn congressional attention, with the House Judiciary Committee, led by Chairman Jim Jordan (OH-R04) and including Representative Michael Baumgartner (WA-R05) from Washington state, launching an inquiry in April 2025 into the state’s sanctuary policies, requesting documents on investigations into local cooperation with federal immigration authorities and the costs involved.
Brown defended the state’s sanctuary policies in a response letter, arguing they prevent misuse of local resources for civil immigration enforcement and encourage community cooperation with police without fear of deportation.
AFL has previously warned Washington Governor Jay Inslee and other Washington state officials that sanctuary policies are illegal, and that state officials who attempt to compel local jurisdictions to enforce them may face very direct consequences. On December 23, 2024, AFL sent letters to 250 state and local officials, notifying them of the legal consequences they could face for interfering with or impeding federal immigration enforcement and for concealing, harboring, or shielding illegal aliens.
The DOJ’s letter on August 13 referenced several federal laws that sanctuary jurisdictions like Washington may be violating:
- 8 U.S.C. § 1324: Prohibits bringing in, transporting, or harboring certain aliens, including knowingly employing unauthorized individuals or shielding them from detection.
- 18 U.S.C. § 371: Criminalizes conspiracy to commit any offense against the United States or to defraud it in any manner.
- 18 U.S.C. § 1071: Makes it unlawful to harbor or conceal a person for whom a federal arrest warrant has been issued.
- 18 U.S.C. § 1505: Prohibits obstruction of proceedings before departments, agencies, or congressional committees, including withholding or destroying evidence.
- 8 U.S.C. § 1373: Requires federal, state, and local governments to communicate information regarding citizenship or immigration status with immigration authorities.
- 8 U.S.C. § 1644: Mandates open communication between state and local government agencies and the Immigration and Naturalization Service on immigration matters.
In the first 100 days of Trump’s second term, U.S. Immigration and Customs Enforcement (ICE) arrested 66,463 illegal aliens and removed 65,682. Illegal border crossings have plummeted in 2025, with U.S. Border Patrol reporting just 8,725 encounters in May and 8,024 in June, marking historic lows.
Estimates from the Center for Immigration Studies indicate approximately 15 million illegal aliens reside in the United States as of mid-2025, down from earlier peaks. In Washington state, the undocumented population is estimated at around 250,000, based on household income and tax contributions data.
President Trump on Thursday August 14, posted on social media commemorating the 90th anniversary of Social Security that his team “removed 275,000 illegal aliens from the [Social Security] system.”
Editor’s Note: Article updated 4:29 p.m., August 15, 2025, with Governor Bob Ferguson’s statement.
Author: Mario Lotmore
