Corrections department challenges state law following whistleblower complaint on immigrant guards: report

A Seattle-area corrections department is seeking a court order to halt the enforcement of a Washington state law that prevents it from employing unauthorized immigrants. This move follows a whistleblower’s report that claims numerous jail guards were hired without proper legal work authorization, as reported recently.

The investigation into these allegations began in early October when an unnamed King County employee filed a complaint with the Washington State Criminal Justice Training Commission.

“There have been instances where individuals were hired with only temporary work visas or, in some cases, without any valid work authorization,” the complaint states. “These hires directly violate the statutory requirements mandated by state law.”

A pedestrian passes by the King County Correctional Facility in downtown Seattle, which has a row of trees and hedges in front of its white walls

A pedestrian walks past the King County Correctional Facility in downtown Seattle, Washington, on September 17, 2020. (Reuters/Lindsey Wasson)

Instead of adhering to the state’s hiring regulations, Allen Nance, Director of King County’s Department of Adult & Juvenile Detention, is reportedly challenging the law in court, according to insights shared by SeattleRed host Jason Rantz.

Nance, in a memo dated November 10 and reportedly acquired by Rantz, argued, “Washington has a longstanding policy against discrimination based on immigration status. The County contends that the state law is unconstitutional because it imposes employment eligibility restrictions that conflict with federal immigration standards, discriminates against local correctional officers, and compromises jail safety by disqualifying dedicated, experienced officers.”

Read the whistleblower’s complaint:

The department previously told Fox News Digital that it was investigating the whistleblower complaint and denied that any of the guards were illegal immigrants, even though some appeared to have failed to meet the legal eligibility requirements.

Washington law requires all peace officers in the state have their immigration status verified and must be American citizens, lawful permanent residents or beneficiaries of the Deferred Action for Childhood Arrivals program, known as DACA.

A person walks by the King County Correctional Facility in downtown Seattle

A person walks by the King County Correctional Facility in downtown Seattle, Washington, U.S., September 17, 2020.  (Reuters/Lindsey Wasson)

The law does not allow for the hiring of people with temporary visas, expired work authorization or illegal immigrants who do not fall under DACA.

The state’s training commission told Fox News Digital that while it trains newly hired corrections officers, it’s the responsibility of the hiring agencies to vet the candidates. However, after learning of the whistleblower complaint, county officials told the commission that four of its recent hires did not meet eligibility requirements, and they were expelled from the training program.

A wide view of the King County Correctional Facility in Seattle

A pedestrian crosses the street near the King County Correctional Facility in downtown Seattle, Washington, U.S., September 17, 2020. (Reuters/Lindsey Wasson)

King County is the largest in the state and includes Seattle and some of its suburbs.

Local authorities were cooperating with the state investigation, a WSCJTC spokesperson said previously.

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