
By Erica C. Barnett
City Councilmember Alexis Mercedes Rinck’s proposed legislation to bar new detention centers in Seattle, originally introduced in February, has been delayed and amended to accommodate other council members’ concerns about prohibiting new local jails even temporarily, as the original legislation would have done. The new version of the bill, which would explicitly exempt jails from the moratorium, went up online yesterday.
A brief recap: On February 13, Rinck announced legislation that would ban new detention centers, as well as jails, in the city of Seattle for one year. The bill, announced in tandem with King County Councilmember Teresa Mosqueda’s similar legislation prohibiting detention centers in unincorporated King County for a year. Both proposals contains an emergency clause to illustrate the urgency of passing the ban; in December, ICE quietly posted a solicitation for contractors to build a new 1,635-bed detention facility in the Seattle area.
Legally, because of the Supremacy Clause of the US Constitution, federal law trumps state law—meaning that ICE, putatively operating in compliance with federal law, can violate any or all of the local and state laws blue cities and states put in their way. But laws like regional bans on detention facilities—and other anti-ICE legislation, including an executive order from Mayor Katie Wilson barring ICE from using city property and a proposal from Mosqueda that will have the same effect for county land—can create friction, Rinck said.
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“We still will have a law on the books, and if they try to challenge our decision, we will see them in court over this,” Rinck said. “It does force a conversation.”
Both bills are based on local land use regulations. They argue that any new detention center could have major impacts on “water, sewage and wastewater, transportation and parking, public safety, and public health” and that a moratorium would provide time to create permanent legislation on detention centers.
“Here at the county, we have explicit authority in our statute to ensure that land is being used in the public’s interest,” Mosqueda said. “Any detention center in King County is going to not only disrupt the local community, but it goes counter to King County’s interests in making sure that we’re promoting safety and well-being.”
Both bills are classified as “emergency” legislation, allowing them to move forward without the usual committee process. On both councils, emergency legislation requires seven of nine votes to pass—which gets us back to why Rinck’s proposal exempts jails from the one-year moratorium while Mosqueda’s does not.
According to multiple city council sources, at least two council members indicated that they would vote against Rinck’s proposal if jails were included in the ban, even though King County has no current plans to build a new jail in Seattle, or anywhere, in the near future. Banning new jails for a year could create an impression that centrist council members who will be up for election next year, including Maritza Rivera and Bob Kettle, are soft on crime.
Rinck can afford to lose two votes, but not three, and several other council members’ votes can be unpredictable when it comes to legislation perceived as “progressive,” as any legislation proposed by Rinck, one of the council’s most progressive members, inevitably is.
Kettle, the chair of the council’s public safety committee, did not respond to questions PubliCola sent on Monday.
Mosqueda said on Tuesday morning that no one on the council had raised an issue about the inclusion of new jails in the ban, noting that her legislation does explicitly allow renovations at Echo Glen, a youth detention center in unincorporated eastern King County.
Rinck’s legislation will be up for a full council vote on March 10. She said the bill will “buy some time” for the city if ICE does propose building a detention facility here. “I think this is worth fighting over,” she said.
erica@publicola.com





