Category: immigration

New State Drug Laws May End Some Deportation Proceedings, But Risks Remain

King County Detention Center, Seattle (Photo: PubliCola)

By Paul Kiefer

When the Washington State Supreme Court ruled in February that the state’s harsh drug possession laws were unconstitutional, most lawmakers, prosecutors and defense attorneys hurried to prepare for the ruling’s vast consequences for the state’s court system and the tens of thousands of people whose convictions for drug possession are now baseless.

Among those impacted by the ruling, State of Washington v. Blake, are immigrants convicted for simple drug possession under Washington’s pre-Blake drug laws. Some are currently facing deportation because of a drug possession conviction; others have already been deported.

Ann Benson, the Directing Attorney of the Washington Defender Association’s Immigration Project, says immigrant rights groups around the state are still trying to tally the number of immigrants who could be impacted by the Blake decision; her office estimates that at least 75 people in Washington Department of Corrections custody fall into that category, in addition to the hundreds of other immigrants with drug possession convictions who aren’t currently incarcerated and those who have already been deported for drug possession.

The Blake decision is most consequential for green card holders, for whom a criminal conviction can either create an obstacle to government services—federal student loans, for example—or trigger deportation,

For those immigrants, the Blake decision has eliminated the federal government’s justification for their deportations, providing a source of hope for those who have been separated from their families during deportation proceedings—and potentially for those who have already been deported.

But a newly passed law that partially re-criminalizes drug possession dampens the implications of Blake for the future of immigration enforcement in Washington.

The Blake decision is most consequential for green card holders, for whom a criminal conviction can either create an obstacle to government services—federal student loans, for example—or trigger deportation, depending on the charge. Because the state supreme court’s ruling nullifies past drug possession convictions, some green card holders with criminal records now have a chance to avoid some of those consequences. Those facing deportation for a drug possession conviction can now file a motion in a county criminal court to vacate their conviction; without a conviction, ICE can’t move forward with their deportation.

Tim Warden-Hertz, the managing attorney with Northwest Immigrant Rights Project, said the pace at which immigration courts respond to Blake will depend on ICE, whose attorneys serve as prosecutors in deportation cases. “ICE has the discretion to be proactive,” he said. “They can move on their own to reopen cases—and, for that matter, to terminate cases.” An ICE spokesperson did not answer PubliCola’s questions, including about whether their attorneys plan to end deportation proceedings unilaterally.

Warden-Hertz added that, thanks to Blake, former green card holders deported for drug possession convictions might be able to return to Washington once a court vacates their conviction. “If we can reopen their cases,” he said, “then the client regains their green card, which means they regain their lawful permanent resident status and should be able to travel back to the United States.” Thus far, he said, his legal team have only identified one client who may be able to reclaim their green card. Continue reading “New State Drug Laws May End Some Deportation Proceedings, But Risks Remain”

Democrats in Olympia Pass Progressive Tax Credit for Low-Income Residents

Rep. My-Linh Thai (D-41, Bellevue), sponsor of Working Families Tax Exemption bill. Image via House Democrats.

by Leo Brine

Democrats continue to advance a slew of progressive bills this legislative session aimed, they say, at making Washington more equitable. While last week’s headlines dramatized the news that Senate Democrats passed a capital gains tax, a longstanding progressive agenda item,  House Democrats were busy ushering through a major lefty item as well, the Working Families Tax Exemption bill (WFTE). Like the capital gains tax, the WFTE legislation would alleviate the pressure the state’s regressive tax system puts on low-income Washingtonians. In this instance: by giving roughly 500,000 of Washington’s lowest-income residents a tax rebate ranging from $500 to $950.

Both bills are longstanding items on the progressive wish list. The WFTE has existed as a state-level benefit program since 2008, but it was never funded because of the recession that hit late that year. The successful House vote this past Tuesday, March 9,  backed the bill for the first time with dollars from the general fund. That money will be allocated when the house rolls out its budget later this month. The Department of Revenue estimates the program will cost roughly $18 million to administer during the 2021-2023 biennium and pay out $250 million to about 420,000 residents, according to a fiscal note from the Department of Revenue.

“There’s been a large effort from the community to show lawmakers how regressive our tax system is,” said Andy Nicholas, senior fellow at the Washington State Budget and Policy Center. Nicholas says awareness of how regressive Washington’s tax system is has grown over time and now politicians understand the effects of regressive taxes on many of Washington’s underserved communities.

Thai was elected to represent the 41 district in 2018 and became the first refugee in Washington’s history to serve in the house of representatives.

Rep. My-Linh Thai (D-41, Bellevue), the sponsor of the WFTE legislation, represents a former Republican stronghold that gradually shifted to swing turf in the 2000s, before eventually turning blue in the late 2010s.

Bellevue’s population continues to grow more diverse. According to the 2000 U.S. census, Bellevue was a largely white community: 74 percent of the city’s residents were white, with Asian Americans, the second-largest group, making up 17 percent of the population. As of 2018, however, Bellevue is 35 percent Asian Americans and white residents make up 49 percent of the population. Bellevue also has a large immigrant population, with 38 percent of the city’s residents being foreign-born.

Continue reading “Democrats in Olympia Pass Progressive Tax Credit for Low-Income Residents”

Morning Crank: “If you haven’t learned, I’m sorry. That’s your fault.”

1.  Have we had enough transparency yet? The 15 candidates to fill the city council seat being vacated by interim mayor Tim Burgess have now had two chances to make the case for themselves, and what we’ve learned is that Alex Tsimerman thinks Lorena Gonzalez is a “cheap potato,” Tiniell Cato thinks it’s her “human right” to talk out of order and go over her allotted time, and Lewis Jones—the guy who made hand-painted signs for his “campaign” for mayor—believes special enzymes in purple grape juice cure the flu.

The job qualifications for the temporary council position include knowledge of the city budget and familiarity with city government. A group of advocates that included third-place mayoral candidate Nikkita Oliver and Gender Justice League director Danni Askini argued that the process for filling the seat needed to be more “transparent” so that a wider range of people would apply. That range extends, apparently, from people who use the term  “colored people” (Jones again) all the way to people named Doug who have the endorsement of “Doug’s Voter’s Guide,” written by Doug.

The clear frontrunner remains former council member Nick Licata, who has participated gamely in both forums, and praised the council for opening up the process to the general public. Tsimerman, for his part, described the process as a “circus for children” that would end up with the same result as if the council had just picked a candidate. Then he was removed from council chambers by security.

2. Mayoral candidate Cary Moon, who appeared alone onstage at a mayoral forum Tuesday night (her opponent, Jenny Durkan, was hosting a campaign fundraiser at the downtown offices of the K&L Gates law firm), has maintained that she will be able to serve on the Sound Transit board despite the fact that her husband, architect Mark Reddington, is a principal at LMN Architects, a firm that is doing design work on numerous Sound Transit light rail stations. (The Seattle Times was the first to report that Moon might be unable to serve on the board.) At a forum on the arts and environment earlier this week, Moon said the potential conflict “doesn’t mean I won’t get to serve on the Sound Transit board” and said that if that “very minor situation… arises, I will recuse myself and someone else from the city will be empowered to make that decision on my behalf.”

After Tuesday night’s forum, Moon told me she believed that if the board was taking a vote that could impact LMN, such as a vote on one of the firm’s contracts, she could delegate her vote to “somebody else, like the SDOT director or deputy mayor or someone on the council.” It’s unclear whether Sound Transit board members are able to delegate their votes in this fashion, however, and Sound Transit’s ethics policy includes no obvious provision for board members to tag in another Seattle representative in this way. It says,

If a conflict of interest is confirmed, the Board member shall disqualify himself or herself from discussion or voting upon the legislation or matter, and an officer shall refrain from discussion or recommendation concerning the legislation or matter, if discussion or voting thereon would constitute a conflict of interest, or apparent conflict of interest, as described in this section or violate any other governmental law or regulation. Any Board member or officer who is disqualified by reason of such conflict of interest shall, after having made the required disclosure set forth above, remove himself or herself from his or her customary seat during such debate and leave the Board Resolution No. 81-2 Page 14 of 20 chambers until such time as the matter at hand, from which such Board member or officer has been disqualified, has been disposed of in the regular course of business. Any action taken by the Board or a committee related to such interest shall be by a vote sufficient for the purpose without counting the vote of the Board member having the interest.

Sound Transit spokesman Geoff Patrick said he couldn’t “speculate about issues or circumstances around any particular candidate or other individual in the event she or he were to be appointed to the Board,” and noted that it’s up to the county executive to decide which Seattle representative or representatives to appoint to the Sound Transit board.

3. Also at Tuesday’s forum, things got heated between city attorney Pete Holmes and his opponent, former mayoral public-safety advisor Scott Lindsay, when Lindsay blasted Holmes for aggressively prosecuting men who pay for sex even when those men may be subject to deportation. (In recent years, the city has moved away from prosecuting prostitutes to cracking down on johns, in an effort to avoid revictimizing women who have been trafficked and sold against their will.) Lindsay said he would adopt an approach that did not result in men being deported for attempting to solicit prostitutes.

Then Holmes took the mic: “We have to hold sex buyers accountable for driving the commercial sex industry that, in turn, is driving most of human trafficking,” Holmes said. “We have a fundamental disagreement [with immigration lawyers.] It only takes a second violation for sex buying before you can be subject to deportation under federal law. The first one will not get you deported. And I’m sorry, I lose sympathy on the second one. If you haven’t learned, I’m sorry. That’s your fault.”

4. Seattle Subway, a transit advocacy group, has been in a bit of a war with the political arm of the Transportation Choices Coalition, the influential pro-transit nonprofit, over its endorsement of Jenny Durkan for mayor. (TCC spearheaded the Sound Transit 3 and Move Seattle campaigns; its endorsing arm is called Transportation for Washington). On its Twitter feed, Subway said that TCC’s endorsement was “clearly” not based on Durkan’s platform (nor, presumably, her political views, track record, or ability to deliver on her promises), but on some mysterious “something else.”

Yesterday, the group doubled down with this subtweet, claiming that “racist shock jock Jason Rantz” (of right-wing radio station KTTH) had endorsed Durkan:

The implication is that Durkan has views that are somehow in line with Rantz’s, and is perhaps even “racist” by association—and what kind of transit group would support a candidate like that? However, I found no evidence anywhere that Jason Rantz has endorsed or expressed support for Durkan—which makes sense, given that Durkan is a liberal Obama appointee and a mainstay in the local Democratic Party establishment. Rantz doesn’t write about Seattle electoral politics much (his audience is more “hypertensive suburban MAGA dad” than “Seattle odd-year voter”) but I did find one piece where he mentioned Durkan—as the candidate to vote for if your issue is “identity politics.”

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How Seattle Is Dismantling a NIMBY Power Structure

Seattle Department of Neighborhoods Director Kathy Nyland (Credit: The Rose Center for Public Leadership)

This story first appeared on Next City as part a series focused on community-engaged design made possible with the support of the Surdna Foundation.

For decades, activist homeowners have held virtual veto power over nearly every decision on Seattle’s growth and development.

In large and small ways, these homeowners, who tend to be white, more affluent and older than the average resident, have shaped neighborhoods in their reflection — building a city that is consistently rated as one of the nation’s most livable, as well as one of its most expensive.

Now — in the face of an unprecedented housing crisis and a dramatic spike in homelessness — that may be starting to change.

Last July, Mayor Ed Murray and the director of the city’s Department of Neighborhoods, Kathy Nyland, announced that Seattle was cutting formal ties with, and funding for, the 13 volunteer Neighborhood District Councils that had been the city’s chief sounding boards on neighborhood planning since the 1990s. Through this bureaucratic sleight of hand, Murray and Nyland signaled their intent to seek more input and feedback from lower-income folks, people of color and renters — who now make up 54 percent of the city — and away from the white baby boomers who have long dominated discussions about Seattle’s future. The message: We appreciate your input, but we’re going to get a second opinion.

A few months later, the Department of Neighborhoods doubled down on its commitment to community engagement, putting out a call for volunteers to serve on a new 16-member Community Involvement Commission, which will be charged with helping city departments develop “authentic and thorough” ways to reach “all” city residents, including underrepresented communities such as low-income people, homeless residents and renters. Finally, DON will also oversee and staff a second new commission, the Seattle Renters’ Commission, which will advise all city departments on policies that affect renters and monitor the enforcement and effectiveness of the city’s renter protection laws.

The shakeup has rattled traditional neighborhood groups, which have grown accustomed to outsized influence at City Hall, and invigorated some groups that have long felt ignored and marginalized by the city.

The shift toward a more inclusive neighborhoods department, and neighborhood planning process, is more than just symbolic; it’s political. The homeowner-dominated neighborhood councils have typically argued against land use changes that would allow more density (in the form of townhouses and apartment buildings) in and near Seattle’s traditional single-family neighborhoods, which make up nearly two-thirds of the city. Including more renters and low-income people in the mix could dilute, or even upend, those groups’ agendas.

“Our city has changed dramatically since our district councils system was created three decades ago, and we have seen them over time become less and less representative not only of their neighborhoods but of Seattle itself,” Murray said last year.

His statement echoed a point Nyland made in a memo to the City Council back in May: “We have heard from residents active in the system that ‘District Councils work for us.’ … However, they don’t work for everyone.”

Nyland should know. She came up through the council system, first getting involved in the Georgetown Community Council where she questioned the purpose of a new trash dump in the largely industrial neighborhood where she lived and owned a boutique called George with her partner, Holly. She also got involved with the Greater Duwamish District Council and helped fight down a proposal that would have turned Georgetown into the city’s official strip club district. She eventually became the chair of the citywide Neighborhood Community Council, and recalls sending emails “at 1 in the morning in my pajamas sitting in my living room, because that’s when I had time to do it.

“We have systems in place that are not easy to navigate,” Nyland says, and people in established groups who say that “people are just choosing not to come to the meetings. … What if someone works at night? What if someone has kids and can’t get a babysitter? What if someone can’t speak English? What if someone just didn’t know about the meetings? They’re not making a choice not to come. They can’t come!”

 

Mohamud Yusuf came to Seattle as a refugee from Somalia by way of Nairobi, Kenya, in 1996, when the Somali community in Seattle was still “very small,” he recalls. Today, his community is thriving in areas like southeast Seattle, which is still one of the most affordable parts of the city, although rising costs are pushing many immigrants and refugees farther south, outside Seattle. Yusuf was a writer, activist and photojournalist in Somalia in the 1980s and 1990s, and 10 years ago, he started a newspaper called Runta News; “runta,” in Somali, means “the truth.” Today, Yusuf also works as a community liaison to the city, earning $50 an hour to connect community members to city programs and services.

The changes at City Hall excite Yusuf. “I’ve been involved in the community since I was here but I’ve never seen this kind of involvement,” he says. “What we needed was to be included, to be at the table and have a voice.”

Credit: Alex Garland

Mohamud Yusuf came to Seattle as a refugee from Somalia in the 1990s and now works as a community liaison to the city.

Yusuf recounts a recent effort to get the Somali community involved in a long-range plan for Seattle Public Utilities, which provides the city’s trash service and drinking water. Instead of just making materials available in Somali and other languages upon request, the city sent outreach workers to meet with community members where they already were — in neighborhood community centers, in libraries and during English-language classes at the local Goodwill — and talked with them, in their own language, about what forthcoming changes will mean. They taught the immigrants how the city’s sanitation system works too, equipping residents with knowledge they will be able to use next time there is a question about trash collection or clean water in their community.

“The people I talked to were so happy to know more about where the water goes,” Yusuf says. “They would say, ‘We all know our garbage goes away, but we didn’t know where it was going. We are drinking clean water now at home, but we didn’t know who was doing it.”

Nyland’s reform can be traced back to a 2009 audit of the district councils that found an obsolete system that did not reflect the city’s true demographics. “The system is dominated by the presence of longtime members whose point of view is overly dominant at both the district council and city neighborhood council levels and potentially not representative of their communities,” the city audit found. “The district councils in general are not sufficiently representative of the communities they nominally represent,” it concluded.

The disconnect was even deeper in 2016, when a report by the neighborhoods department found that while the population of Seattle was becoming younger, more diverse and more evenly split between homeowners and renters, “residents attending district council meetings tend to be 40 years of age or older, Caucasian and homeowners.”

“If you’ve ever gone to some of these community meetings, they’re just deadly dull, and the same 25 people have been there for 100 years,” City Council Member Sally Bagshaw says.

At a meeting of the Ballard District Council in northwest Seattle immediately after the announcement, district council members seemed shell-shocked by the city’s decision to cut them off. Sitting around a horseshoe of tables at the area’s branch library in northwest Seattle, they took turns grousing about the change. One member argued that the mostly white, mostly middle-aged council should be considered diverse, because “this group represents homeowners, environmental groups, businesses and other organizations.” “We have people here from every state,” he added. Another suggested that the city had made the move in haste, without a plan to replace the councils. “If you’re going to get rid of the current plan, you need to have a new plan in place before you get rid of the old one,” he said.

“Right now, we’re just planting seeds. We might not see the results for a long time.”

At another recent meeting of the group formerly known as the Magnolia/Queen Anne District Council, which represents a wealthy enclave just south of Ballard, one member asked plaintively, “Why do we have to encourage certain groups to come? Why can’t it just be an open forum?”

In a sense, traditional neighborhood groups are right to feel threatened. Nyland’s announcement, coupled with her department’s new emphasis on outreach to communities that have rarely had a say in city decisions, represents a fundamental shift in the very definition of the “neighborhoods” department. By emphasizing outreach to underserved groups such as renters, immigrants and refugees, Nyland is shaking up traditional notions of community engagement and redefining community as something based not on geographic proximity, but on personal and cultural affinity.

“It’s kind of taking off in a way that I can’t keep up with,” says Sahar Fathi, a member of Nyland’s team. “We get a lot of emails from people who are like, ‘We want this to come to our community. We’re starting to go into places where people have never heard of us, and they don’t even know what government services are” — including, she says, “communities we didn’t even know existed.” In Seattle, a city of about 650,000, 25,000 residents were born in another country; of the 120 languages spoken there, the city’s liaisons collectively speak at least 65.

Fathi is one of Seattle’s relative newcomers. The Boston-born Iranian-American moved to the Emerald City a decade ago, when she was in her early 20s. After a stint as a legislative aide to City Council Member Mike O’Brien and an unsuccessful run for the State House of Representatives, she put her background as a lawyer and immigrant rights advocate to work as a policy analyst for the city’s Office of Immigrant and Refugee Affairs. These days, Fathi oversees DON’s Public Outreach and Engagement Liaison program, which recruits and pays community members like Yusuf to serve as links between the city and marginalized groups. The liaisons’ job duties include everything from driving people to resource fairs where they can sign up for city assistance programs, to facilitating meetings at community gathering places and interpreting for city staffers, to engaging people in their first language in larger community discussions over neighborhood spending, parks programs, and planning debates.

“Before, the city would say, ‘We have a pedestrian master plan meeting, and we want people to come and give us feedback,’” Fathi says. “With all due respect to the pedestrian master plan, there are a lot of people who can barely afford to pay rent. So how do we meet people’s needs first and then build their capacity” to come to meetings about city policies that affect their neighborhoods.

Seattle’s modern neighborhood movement dates back to at least the late 1980s, when then-Mayor Charles Royer appointed neighborhood activist Jim Diers to head up the new Department of Neighborhoods and create the 13 neighborhood district councils and a citywide council made up of representatives from all the councils. Ever since, the district councils have enjoyed outsized influence at City Hall, staking out and defining “neighborhood” positions on issues and channeling city grant dollars toward their own pet projects, such as National Night Out events, neighborhood welcome signs and security lighting.

For decades, the councils advised the neighborhoods department on what “the neighborhoods” wanted, and if that advice happened to coincide precisely with the interests of the comfortable, white homeowners who dominated the council, nobody at the city seemed to mind. The councils frequently advocated against zoning changes to allow more development in or near the city’s single-family neighborhoods, including Murray’s Housing Affordability and Livability Agenda, which would upzone much of the city and require developers to build affordable rental housing. Neighborhood activists have shown up in force at council meetings and community briefings by city staff to oppose the HALA recommendations, and one neighborhood group has successfully sued to block an approved HALA rule change that would make it easier for homeowners to build backyard cottages.

In recent years, though, groups that have traditionally been left out of the process have started demanding seats at the table, including advocates for transit-oriented development and immigrants and refugees, and renters. At a recent City Council briefing on the new renters’ commission, Erin House, a renter, told the council, “I see conversations at both City Hall and in neighborhoods dominated by homeowners, often at the expense of renters’ best interests. As a city, we need to find ways to correct this trend and give renters a seat at the table on conversations about Seattle’s future.”

Last year’s announcement severing ties with the neighborhood councils was a first step in that direction. For the first time since its inception in the late ’80s, the city’s neighborhoods department would spend as much time engaging with underrepresented communities as it did listening to the concerns of white property owners.

“DON has great programs,” Nyland says, “but the department has not evolved with the changing demographics of the city.”

Nyland’s department is small relative to other city agencies, but it has found ways to connect with residents without a huge infrastructure. Ice cream giveaways at summer events. Crowd canvassing at the West Seattle Farmers Market. Plopping down in a temporary parklet on the annual (PARK)ing day. And partnering with organizations like the local Goodwill training center once a quarter, to offer services and information about opportunities to get involved with city initiatives. Some of the department’s efforts have had mixed success. A recent push to engage people of color and low-income residents in the HALA planning process fizzled after the city failed to adequately prepare new participants and follow up when they stopped showing up. But others have been effective at getting new people connected to City Hall.

Nyland notes that many people bemoan the loss of neighborhood service centers, the “little city halls” where residents could talk to city staffers face-to-face. Most of those closed down years ago, the victims of city budget cuts and a population that increasingly does business with government online. Today, Nyland says, what people need more than storefronts is opportunities to engage with the city on their own time. That means telephone town halls instead of in-person presentations by city staffers; online surveys instead of public comment cards; and Skype calls instead of nighttime meetings in library activity rooms and church basements.

“My mantra is, people should be able to participate on their own timeline, from their own location,” Nyland says. “DON has been in existence for 30 years, and it has a lot of really important programs, but I think its mission and its purpose has gotten lost. We haven’t kept up with change. We haven’t refreshed. … I mean, I can’t force people to participate, but we can create opportunities to make it easier.”

At the most recent Goodwill event, Fathi says, the public outreach liaisons came in and took over the second hour of a group of immigrants’ English as a Second Language class. First, they talked briefly — in 17 different languages — about the mayor’s upcoming education summit, which aimed to find solutions to address racial disparities in Seattle schools. Then, they signed the residents up for “all the services the city had to offer” — utility discounts, low-income transit passes and summer programs for kids. This may seem superficially unrelated to the kind of community building and neighborhood planning that is DON’s primary mission, but Fathi says it isn’t. “There are a lot of people who can barely afford to pay rent, so we ask ourselves, how do we meet people’s needs first and then build that capacity, and we think being a good government neighbor is the first step.”

But what the next step holds is a question that some critics say hasn’t yet been substantively answered. Dustin Washington is an experienced community organizer in Seattle and the director of the American Friends Service Committee’s local community justice program. He used to be a member of a race and social justice roundtable created by Murray and is no stranger to City Council. To him, DON’s community outreach efforts are little more than meaningless lip service to cover for the mayor’s pro-gentrification, developer-friendly agenda. “When the mayor and the City Council want to engage with developers — the folks who really hold the power in the city — they don’t have to create any of these mechanisms,” Washington says. “You can set up any mechanism that you want, but I don’t think this mayor is truly interested in engaging with voices that have been left out of the process.”

In many ways, community activists who question the mayor’s sincerity and neighborhood activists who think the mayor is trying to shut them out are coming from the same place — a profound skepticism that the city is interested in hearing what they have to say. Nyland says she understands those concerns. “Right now, we’re just planting seeds,” she says. “We might not see the results for a long time.” Nyland urges skeptics on both sides to be patient and give her a chance to earn their trust.

Over in Magnolia, at the meeting of the group formerly known as the Magnolia/Queen Anne District Council (they’re still searching for a new name), members spent more than an hour crafting a new vision statement to reflect their new mission as an organization. On the second pass, they came up with this: “This group is a catalyst for enhancing quality of life and community building by being a forum for all voices, leading to effective influence on government and in our communities through innovation, education and advocacy.” Hardly a full-throated endorsement of Nyland’s agenda, but it’s a start.

Morning Crank: The War on Immigrants Is a War on Cities

1. “The war on facts has become a war on cities.” 

That was Mayor Ed Murray’s latest volley in his own war against the Trump Administration, launched yesterday along with a lawsuit charging that Trump has no legal right to pull federal funds from “sanctuary cities” that refuse to enforce federal immigration statutes according to the new Administration’s harsh interpretation of those laws.

Yesterday, the mayor and City Attorney Pete Holmes announced they were filing suit against the US Justice Department, whose director, KKK apologist Jeff Sessions, announced this week that he would pull Department of Justice grants to cities that refuse to assist federal agents in tracking down and detaining undocumented immigrants. Seattle’s 2017 budget assumes $2.6 million in DOJ grants for domestic violence prevention, officer body cams, human trafficking prosecution, and more.

The lawsuit contends that Sessions’ order violates the 10th Amendment, by dictating the way the city enforces federal laws, and the Spending Clause from Article 1 of the Constitution, by attempting to coerce the city into aiding immigration agents by threatening to withhold federal funding if it doesn’t.

“We have the law on our side: the federal government cannot compel our police department to enforce federal immigration law and cannot use our federal dollars to coerce Seattle into turning our backs on our immigrant and refugee communities,” Murray said.

Trump’s war on immigrants is a war on cities because cities are made stronger, politically, culturally, and economically, by the presences of immigrants, and he’s waging that war because city values—diversity, inclusion, resistance, queerness, intellectualism, and unconformity—are anathema to his backward-looking vision of a nation united by fear and mutual distrust. Seattle is the first city to formally resist Sessions’ and Trump’s unconstitutional bullying by filing a lawsuit. If cities’ response to the last unconstitutional order targeting immigrants was any indication, we won’t be the last.

2. A Queen Anne homeowner’s dogged, well-financed effort to kill backyard cottages in Seattle won a victory that will further delay a proposal to make it easier for homeowners to build accessory units and cost taxpayers thousands of dollars in the process.

This week, city council member Mike O’Brien announced that thanks to activist Marty Kaplan‘s successful effort to delay new rules that would loosen the regulations that currently make it prohibitively expensive for many homeowners to build accessory units, the city will do a full environmental impact statement to determine the impact accessory units will have on the city’s environment. The intuitively obvious conclusion would be that backyard cottages improve the environment, because they add density, which helps prevent suburban sprawl and reduce auto dependence. In addition, they allow homeowners to age in place, promoting multigenerational households and preventing the development of lot-line-to-lot-line McMansions that often sprout in neighborhoods when single-family properties change hands.

O’Brien proposed his backyard cottage legislation in May 2016. With any luck, he will be able to introduce new legislation sometime in the summer of 2018.

3. Bikesharing advocates will say goodbye to Pronto with a group ride tomorrow afternoon. Pronto riders will gather at 3rd Ave. and Broad Street at 5pm (there are two Pronto stations within two blocks, but the clunky green bikes are available all over downtown) and ride slowly up Capitol Hill, ending at a bar TBA. “Ed Murray’s house for bell ringing party optional.” Murray announced he was killing the money-losing bikeshare system in January.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

Murray Links Pro-Immigration Positions to Pro-Urbanist Policies

This post originally ran on Next City.

In an uncharacteristically fiery State of the City address Tuesday morning, Seattle Mayor Ed Murray laid out an explicitly urbanist, unabashedly activist agenda that drew a straight line between President Donald Trump’s executive actions against immigrants and refugees to Seattle’s own exclusionary zoning laws, which preserve more than 60 percent of the city’s land for single-family use. And he laid out that vision in an unusual location: the Idris Mosque in north Seattle, a venue chosen both as a symbol of Seattle’s commitment to inclusion and a message to the new administration that Seattle won’t be cowed by policies targeting ethnic and religious minorities.

Tuesday was the first time a Seattle mayor has ever delivered the State of the City inside a religious institution; typically, the mayor makes his remarks at City Hall, during a regular meeting of the City Council. In a statement last week, Murray said that by speaking at the mosque, he hoped to demonstrate that he and the city council were “standing with Seattle’s Muslim community in their house of worship as we fight state-sanctioned discrimination by the Trump administration.”

Although some conservative commentators raised questions about whether holding a speech in a mosque violated the constitutional separation of church and state, Murray’s office pointed out that the city has held many events over the years (though not the State of the City) in Christian churches.

Last year, a man claiming to be armed with an assault rifle made an online threat against the mosque; fortunately, police defused the situation after a brief standoff and no one was harmed. However, in the wake of that threat — and in recognition, mosque trustee Hisham Farajallah said Tuesday, of “the environment we now live in” — the mosque remains on high alert. Members of the public who attended the speech had to navigate a phalanx of armed security guards, who rifled through bags and backpacks and confiscated bottles and cans.

Before the speech, I asked Seattle Police Chief Kathleen O’Toole whether the city would have implemented such strict security precautions if the mayor had held the State of the City at, say, a church or community center. (Security is famously laissez faire at Seattle’s City Hall, where one regular shows up at every meeting to curse out the council on the record, concluding with a Nazi salute.) “We have no concerns today,” O’Toole said, but “we’d rather inconvenience everybody for a few minutes than not take precautions. It’s just the world we live in now.”

In his speech, Murray didn’t explicitly link Seattle’s zoning laws to Trump’s “state-sanctioned discrimination,” but he got the point across. “We cannot be a city where people protest the exclusionary agenda coming from Washington, D.C., while at the same time keeping a zoning code in place that does not allow us to build the affordable housing we need,” Murray said. “If we do not build more housing, we have seen what happens: more and more people compete for the same homes and prices go up, creating an invisible wall around our neighborhoods and locking people out.”

Specifically, Murray urged the City Council to finalize a controversial zoning plan for Seattle’s University District that would allow buildings as tall as 320 feet right next to a new light-rail station; called for a $55 million property tax levy and other investments to house the thousands living unsheltered on Seattle’s streets; and called attention to an alarming statistic: Every day, the city gains 67 new residents — and produces just 12 new units of housing.

Rejecting Trump’s “exclusionary agenda” is becoming a theme for Seattle’s mayor. Last month, Murray declared that he was “willing to lose every penny” of federal funding to protect undocumented immigrants and refugees in the city. He put an exclamation mark on that sentence Tuesday, when he threatened to sue the Trump administration if it refuses to turn over documents explaining the President’s definition of “sanctuary cities” and any actions the administration plans to take against cities that refuse to cooperate with Trump’s recent executive orders on immigration.

This is hardly the first time an elected official has observed that while Seattle liberals frequently claim they welcome immigrants and refugees, they often oppose zoning changes that would provide places for those immigrants and refugees to live. But it may be the first time a mayor has explicitly chided Seattle residents, in a major speech, for holding back policies — like the Housing Affordability and Livability Agenda, which calls for modest density increases and imposes affordable-housing requirements on developers — that would make inclusion a reality rather than just a rhetorical device.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into it as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: The Good, the Meh, the Missing

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Mayor Ed Murray’s annual State of the City address made quite a bit of news yesterday. From a proposed $55 million property tax for homeless services to a potential lawsuit against the Trump Administration, Murray’s 45-minute address (delivered with the aid of two Telepromptrs in his usual slightly stumbly monotone) was explicitly urbanist, unabashedly activist, and uncharacteristically impassioned. (Shout out to new speechwriter Josh Feit!) Here’s my take on what the mayor proposed, and what he didn’t.

The Good:

• Murray proposed a $55 million property tax levy that would pay for “mental health treatment, addiction treatment and getting more people into housing and off the streets.” I can’t think of a more critical need in the city right now than to house the thousands of homeless people living unsheltered on our streets. Even if Trump doesn’t follow through on his promise to eliminate all federal funding to “sanctuary cities” like Seattle, the city’s housing programs rely heavily on funding from the federal Department of Housing and Urban Development, which was recently taken over, you may recall, by a guy who thinks poor people can eat bootstraps. More funding has to come from the local level.

My primary caveat about this proposal is that we still don’t know what it will pay for. Murray’s homelessness plan, Pathways Home, relies heavily on short-term housing vouchers for people exiting homelessness; if the $55 million pays for programs that house people for a few months before dumping them back into the same unaffordable housing market that made them homeless in the first place, it may not be money well spent. TBD.

• The location. Murray’s decision to hold the final State of the City of his first term at Idris Mosque was an impressive move on two levels: 1) It  communicates to the Trump Administration—which is paying attention to Seattle, home of the “so-called judge” who first overturned his Muslim travel ban—that Seattle isn’t afraid of him. (Also today, Murray announced a series of FOIA requests seeking information about Trump’s policies targeting cities that welcome immigrants and refugees; if the administration refuses to provide the documents, the city will sue to get them). And 2) It serves as a visual and symbolic punctuation to the link Murray drew between immigration and dense, vibrant cities: We can’t call ourselves a sanctuary city if we build “invisible walls” that put most of the city off limits for housing development. “We cannot be a city where people protest the exclusionary agenda coming from Washington, D.C., while at the same time keeping a zoning code in place that does not allow us to build the affordable housing we need,” Murray said.

The Meh:

Related image A two-cent-per-ounce tax on sugary soft drinks that will pay for a variety of educational programs, including the Parent-Child Home Program, the “Fresh Bucks” program that helps poor families buy healthy food, and other recommendations from the city’s education summit last year.

I’m a Diet Coke drinker myself, so this won’t impact me (sugar substitutes, although clinically proven to increase cravings and contribute to obesity, would be exempt from the tax), but that’s kind of the problem: Singling out sugary drinks as scapegoats for dietary problems like diabetes is not only pretty arbitrary (I’m not over here arguing that aspartame is health food), it also disproportionately impacts low-income people and people of color, who spend more of their money on soda and other sugary drinks. (Hey, you know who made this argument? Bernie Sanders!) Now, it’s true that diabetes and obesity are more common among low-income folks and people of color, which is why I’m putting this in the “meh” category rather than saying it’s a bad idea. But I would want to see a very clear nexus between this new tax, which will add $2.88 to the price of a 12-pack of Coke (or Safeway Refreshe, currently $2.99 if you buy four or more), and the programs it funds. Just as cigarette taxes should pay for health care and liquor taxes should pay for addiction treatment and prevention, soda taxes ought to benefit the communities who will disproportionately pay them.

• A new property tax wasn’t Murray’s only suggestion for alleviating homelessness. He also called on tech leaders to come up with $25 million over the next five years to fund “disruptive innovations that will get more homeless individuals and families into housing.” When I posted that on Twitter, here are some of the unsolicited suggestions that came back:

https://twitter.com/seanlinecontent/status/834240924737740801

https://twitter.com/fender_splendor/status/834191069587726336

Sooooo….I guess those tech guys can keep their $25 million?

The Missing

• Just one month before Murray made his speech, 175,000 women and allies marched in Seattle for women’s rights. Chief among the concerns I saw women raising at the women’s march: Women’s health, pay equity, family leave, access to abortion, low-cost birth control, domestic violence, and Planned Parenthood clinic funding. Yet not one of those issues made it into Murray’s speech. In fact, the two times Murray did mention women, it was about things that happened in the past: the 43-year-old Roe v. Wade decision, which secured a right that is currently very much on the new administration’s chopping block, and the women’s march, which Murray mentioned in passing as an example of “a surge of activism across the nation not seen for decades.”

Activism to what end? Murray didn’t say. Perhaps, as his spokesman Benton Strong suggested to me after the speech, he wasn’t sure what could be done at the municipal level advance women’s rights; perhaps, as Strong also suggested, he believes that good policy is good for everyone, including women—a “rising tide lifts all boats” theory of social change. I’m skeptical of the latter theory, simply because much of Murray’s speech was dedicated to a new program called “Our Best,” which specifically targets young black men; and I’m skeptical of the former, because the mayor knows how the city works.

He knows, for example, that the city has the capacity to adopt policies that help women succeed. If we can pass a tax to fund addiction treatment for our homeless neighbors, or after-school programs for vulnerable young black men, then surely we can figure out a way to fund women’s health before Trump and his radical antichoice Health and Human Services secretary Tom Price kill the affordable birth control mandate and gut federal funding for family planning. If we can fund paid leave for city workers, then surely we can require large private employers like Starbucks and Amazon to provide the same benefits to all their employees, too. If we can condemn Trump’s anti-immigration policies, then surely we can establish and fortify programs to serve domestic violence victims in immigrant communities, victims who may soon find themselves more marginalized than ever before.

Murray, who’s up for reelection this year, is popular; he wouldn’t be risking much by laying out a bold agenda for women’s rights. But the first step is talking about women, and the phrase “men and women” doesn’t count.

• Murray also failed to mention the rash of pedestrian deaths and the city’s progress toward Vision Zero—the city’s plan to eliminate pedestrian deaths and serious injuries by 2030. As I mentioned in Crank last week, the city has failed to make progress toward Vision Zero; in fact, in the first five weeks of 2017 alone, six pedestrians were badly injured or killed on Seattle’s streets. In that context, the mayor’s failure to mention pedestrian safety was a glaring omission.

• Also missing, at least for the first few minutes of the speech: City Council member Lorena Gonzalez, who Crank hears celebrated her 40th birthday Monday night.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into it as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

“Willing to Lose Every Single Penny”: Mayor Doubles Down on Seattle’s Sanctuary Status

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At a hastily called press conference Wednesday afternoon, Mayor Ed Murray declared he was “willing to lose every single penny” of federal funding that flows to Seattle in order to protect undocumented immigrants and refugees living in the city. Murray’s remarks came after President Donald Trump signed an executive order declaring that the federal government would withhold all federal funding from so-called “sanctuary cities”—a catchall term for cities, like Seattle, that refuse to cooperate with federal immigration agents by handing undocumented immigrants over for deportation.

Calling January 27, 2017 “the darkest day in immigration history since the internment of Japanese-Americans,” Murray said, “We will not, as we did in World War II, allow our police to become deputies of the federal government and round up immigrants in this city.” The city argues that any federal order requiring SPD to ask demand detainees’ immigration status would violate the 10th Amendment, which states that the federal government can’t force states to enforce any federal law.

The city stands to lose as much as $85 million in federal funding if Trump makes good on his threat and pulls every federal grant the city receives. In that scenario, the department that would be hardest hit is the Human Services Department, followed by the Seattle Department of Transportation and the Office of Housing. Anticipating that worst-case scenario, Murray said, he has asked every department to “reprioritize” its budget for a post-federal-funding future; specifically, he said, “I’m going to give them a number and ask them to cut their budget to that number.” When I asked whether he would order all departments to cut a certain percentage from their budgets, as previous mayors have done when economic downturns necessitated major cuts, Murray said, “I need more than a couple of hours [after the executive order was released] to answer your question.”

Turning to legal remedies, Murray said the city “is prepared to take any legal avenues that we need to to ensure that immigrants, regardless of their documentation, remain in this city and that the United States Constitution is not violated.” He also suggested what form that legal action might take, noting that the federal government is supposed to prove there is a “nexus” between any funds they withhold and their reason for withholding it. That’s a potentially risky move, though, because it could leave grants the Seattle Police Department receives through the Department of Justice especially vulnerable to cuts, since police would be the ones refusing to follow federal orders to turn undocumented immigrants over to federal agents.

img_0652City attorney Pete Holmes, who showed up to the press conference with a copy of the Constitution tucked in his inside jacket pocket, said he found it ironic that a “law and order” administration would specifically target funding for police. “[Federal] law enforcement funds help increase the security of the country,” Holmes told me before the press conference. “It’s difficult to match up. The prescribed remedies do exactly the opposite.”

Holmes said he’s “asking all the departments to identify all grants and federal funding” but declined to specify which departments stood to lose the most. “I’d rather not engage in shadowboxing these general assertions about grants,” he said. “I’d rather drill down on the specifics.”

 

Lisa Daugaard, head of the Public Defender Association, which works on police reform was in the audience during the mayor’s press conference. Afterward, she suggested another potential avenue for legal action in the fact that the executive order gives the US attorney general “general, limitless jurisdiction” to define which cities are “sanctuary cities” and punish them accordingly. There’s no official definition of a “sanctuary city,” but the Trump Administration appears to be targeting large cities whose voters did not support him, such as New York and Chicago. By defining sanctuary cities “arbitrarily,” Daugaard argues, Trump and his attorney general are  overstepping their authority under federal law and opening themselves up to a legal challenge by local jurisdictions.

“Federal agencies, and the attorney general as an agency, can’t arbitrarily choose to take action or not take action because they don’t like the lawful choices cities make,” Daugaard says. “The problem with the executive order is it gives the attorney general limitless authority, without any standards, to make arbitrary decisions about who loses federal funding. That’s the poison pill.”

Daugaard holds out hope—if you can call it that—that Trump will be forced to back down on enforcing the order when his own supporters in the hundreds of jurisdictions that have declared themselves sanctuary cities or counties start feeling the impact the loss of millions of federal dollars will have on their communities. “It’s unlawful, but it’s also untenable,” Daugaard says. “It will be devastating to hundreds of cities and counties, which will lead to a huge loss of support and momentum” for the administration.

What Trump Could Mean for Seattle

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Like a lot of you, I’ve spent the past day and a half trying to absorb the shock of this Presidential election. As those who read my work at the Stranger know, I was also a Hillary Clinton supporter back in 2008, so I’ll just summarize my immediate feelings about this second, more devastating loss as a combination of outrage, fear, despair, bitterness, fury, and determination. I’m terrified about what Trump’s win will mean for people of color, for immigrants, for women, for those in the LGBTQ community, for people with disabilities, and for anyone else whose identity makes them vulnerable–especially those outside the coastal bubble in which I, and probably you, the reader, live.

As an urbanist and someone who grew up, went to college, and worked as a political journalist in a crimson red state, I reject the notion that people in the middle of the country should simply “move to Seattle” and other liberal enclaves if they want to escape the impact a Trump presidency will have on the marginalized and vulnerable. It is contemptible to suggest that people who live in the vast geographical majority of America are misguided or ignorant for living where they live, and it’s our obligation to reach out to our friends and loved ones in red states and regions and support them as they fight for progressive values in their own communities. I admire those who choose to stay put and fight or put down roots and change things from within, because we don’t win by giving up and retreating to our enclaves, and we don’t win by marginalizing progressives in places like Indiana, Arkansas, and Mississippi–places that, by the way, have cities too.

Here in Seattle, we are no more exempt from creeping Trumpism than the rest of the country. As part of his agenda for his first 100 days, Trump has vowed to “cancel all federal funding for Sanctuary Cities,” like Seattle, where undocumented immigrants can’t be targeted for their immigration status. Yesterday, Mayor Ed Murray declared that he would preserve the city’s status as a “sanctuary city, even if it means losing federal dollars that fund critical local programs.  Under legislation adopted in 2003, city employees are barred from asking anyone about their immigration status, and police officers can only ask about a person’s status if they have “reasonable suspicion to believe” the person has committed a felony and is in the country illegally.

“Seattle will remain a sanctuary city, even if we lose millions in federal funding,” Murray said at a press conference yesterday morning. “It’s important, because these are our neighbors. That’s what this community is about. We can’t allow ourselves to be divided and sorted out.” Asked how worried he was about the loss of federal dollars, Murray said simply: “I’m very concerned.”

Seattle budget director Ben Noble says his office is still working to figure out how much funding the city stands to lose if Trump follows through , but a look at the mayor’s proposed 2017-2018 budget gives a sense of the magnitude of the potential loss. Departments and programs that would be impacted include:

The Human Services Department, which would lose grant funding that is already allocated to help pay for programs like Pathways Home, Murray’s proposed rapid rehousing program for chronically homeless individuals and families; emergency shelters; transitional housing for victims of domestic violence; emergency food assistance for low-income students and seniors; and training for home health-care workers. If HSD lost all its federal funding, transitional housing programs, rapid rehousing grants for housing on the private market, child and senior nutrition programs, and many other human services priorities would be slashed.

The Office of Housing, which would lose out not just on direct funding for affordable housing production and preservation, but on leveraged federal funds that supplement revenue sources like the housing levy, which voters renewed earlier this year, to build affordable housing for low-income Seattle residents. Murray has declared the city’s intent to build 20,000 affordable units by 2025; the loss of millions in federal grants and matching funds would make that goal difficult if not impossible to achieve.

The Parks Department, which would lose out on millions in Community Development Block Grants that help pay for projects like park restoration, ADA compliance, and improvement to parks in low-income neighborhoods.

The Seattle Department of Transportation, which relies on federal grants to pay for everything from expanding the city’s bike share program, to maintaining city-owned streets and bridges, to construction projects that support the replacement of the Alaskan Way Viaduct, to paying for RapidRide expansion. Next year, the city plans to start work on expanding and connecting the South Lake Union and First Hill Streetcars with a federally funded Center City Streetcar Connector through downtown Seattle; that project would likely be mothballed without federal funding. Additionally, the Lander Street overpass–which is necessary both for viaduct replacement and for the proposed NBA/NHL stadium in SoDo–can’t be built without federal funding (so far, the Obama Administration has committed $45 million to the project).

These are obviously far from the only federally-funded programs in the city budget. (Grants to hire police officers and recover from natural disasters would also be affected, for example). Nor is Seattle the only local jurisdiction that could suffer from the one-two punch of a Trump Presidency and a GOP-controlled Congress. As Seattle Transit Blog pointed out yesterday, Sound Transit, which won a decisive  victory Tuesday night, requires federal funding, and the Republicans in power seem likely to favor rural road projects over urban transit expansion.

Republicans in Congress have tried to pull federal funding from sanctuary cities before. In 2015, the US House passed legislation that would have banned funding for sanctuary cities; that bill died after failing to win a 60-vote majority in the Senate.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into it as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.