Judge orders WA sheriff to stop complying with ICE, rules he is in violation of 'sanctuary statute'

The ruling follows a 2025 lawsuit, filed by Washington Democrat Attorney General Nick Brown, that accused the Adams County Sheriff’s Office of violating the Keep Washington Working (KWW) Act. The act prohibits local and state law enforcement from aiding ICE in any form.

Spokane Superior Court Judge Marla Polin issued a permanent injunction on Friday barring Adams County from assisting the federal immigration agency. Judge Polin found that Sheriff Wagner violated the statute by sharing jail inmate rosters with ICE, sharing inmates anticipated release dates and times, allowing federal agents to interview inmates, and complying with ICE detainers.

ICE detainers are official requests to hold criminal illegal immigrants in custody until ICE can detain them, rather than releasing them into the public to potentially reoffend.

Sheriff Wagner called the lawsuit politically motivated, torched the state’s sanctuary policies, and said he intends to appeal the decision.

“As Sheriff, my responsibility is first and foremost to protect the people of Adams County. That responsibility does not change based on political agendas coming out of Olympia,” Wagner said in a statement on Facebook.

“Our State and its current administration continue to support sanctuary state policies that, in my opinion, place unnecessary restrictions on law enforcement and create opportunities for dangerous individuals to return to our communities rather than be held accountable,” he added.

Wagner also

“I firmly believe that no law should prevent local law enforcement from working with federal authorities when doing so can help keep violent criminals off our streets and protect law-abiding residents,” he continued. “This is not about politics, race, or immigration status. It is about public safety, accountability, and the ability of law enforcement agencies to work together to protect the communities we serve. Our States continued pursuit of these policies represents, in my view, a misguided political agenda that puts ideology ahead of common sense and public safety. I believe these restrictions make Adams County and Washington State less safe.”

This is the first time a state court has upheld the KWW, rejecting the county’s constitutional and federal preemption challenges. Judge Molin ordered the sheriff’s office to revise its policy to align with the state’s and conduct staff trainings on the revisions, according to the order.

WA AG Nick Brown celebrated the ruling as a win for the “dignity” of criminal illegal immigrants, calling Sheriff Wagner’s conduct “unlawful.”

“This is a victory for the rights and dignity of all Washingtonians, regardless of where they were born, and an affirmation that local law enforcement cannot be co-opted by the federal government,” Brown said in a statement. “Today’s ruling allows our state to continue building trust and confidence between law enforcement and immigrant communities as the federal administration undermines those efforts with its draconian policies.”

Last year, Sheriff Wagner testified to Congress about the lawsuit against him, in which he lambasted the KWW. He vowed to continue defying the statute in order to “keep his community safe” from criminal foreign nationals who are unlawfully residing in the US.

Brown accused Wagner in the lawsuit of violating the KWW at least 212 times since the law took effect in 2019.

Wagner was joined by more than a dozen other Washington state sheriffs during the April 2025 Congressional hearing. Each of them shared Wagner’s belief that the sanctuary statute impacts public safety by endangering American citizens.

The Department of Justice (DOJ) threw its backing behind Wagner and filed a statement of interest in the lawsuit. Attorney General Todd Blanche said at the time, back when he was Deputy AG: "The Justice Department stands with Adams County against Washington state's overreach…We're sending a clear message: states cannot obstruct federal immigration enforcement. We will not tolerate interference."

Sheriff Wagner continued in his statement, “I respect the judicial process, but respecting that process does not mean we must agree with every ruling. We intend to pursue the appropriate legal avenues to challenge this decision and defend what we believe is our responsibility to protect our residents.”

“The people of Adams County deserve a Sheriff’s Office that puts their safety above politics. That is exactly what I intend to continue doing. Our commitment remains unchanged: protecting our communities, supporting our deputies, and providing professional law enforcement services to everyone in Adams County,” he concluded.