LEILA FADEL, HOST:
One of the letters sent by U.S. Attorney General Pam Bondi was addressed to Bob Ferguson. He's the Democratic governor of Washington state, and he forcefully pushed back against the federal government's demands during a press conference on Tuesday.
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BOB FERGUSON: Let me be very clear, Washington state will not be bullied or intimidated by threats and legally baseless accusations.
FADEL: When I spoke with Governor Ferguson Wednesday, he rejected the idea that his state's policies get in the way of immigration enforcement.
FERGUSON: What we did was, in 2019, the Washington state legislature adopted a bipartisan law that says, hey, for local law enforcement, their focus is on local law enforcement. It's not the job of local law enforcement to do the job of the federal government when it comes to federal immigration enforcement. That's the job of the federal government.
FADEL: And you're referring to the Keep Washington Working Act?
FERGUSON: That's correct.
FADEL: And does that act limit assistance to the federal government when it comes to enforcing immigration efforts?
FERGUSON: Yeah. I mean, our law is carefully balanced. So, for example, there is an exception within the Keep Washington Working Act for our Department of Corrections, for example. The Department of Corrections does notify federal immigration authorities if someone who's undocumented and has been convicted of a felony is being released. That is part of our process here. What the Keep Washington Working Act does preclude is a local police officer or a local state trooper from cooperating with some ICE raid, for example, at a business. We do not cooperate with ICE in any way in that fashion whatsoever.
FADEL: And why?
FERGUSON: That's not our job, right? We have to focus on law enforcement right here. It is not our job to do federal immigration enforcement for them. And that is especially true right now with the outrageous way in which that immigration enforcement is happening every day. We see it on the news, unmarked vehicles, masked agents, picking people up off the streets. People being disappeared. That is all totally outrageous and to me is unrecognizable as an American.
So it's also worth pointing out, in Pam Bondi's letter to me, she cites no law that says we're in violation of federal law. She cites nothing. It is all posturing. And as a lawyer, it's clear to me that our law is lawful. We follow all applicable federal laws, and that's why I don't think she's going to challenge us in court because she would lose.
FADEL: Now, in that letter that you received, Attorney General Bondi said, quote, "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." How did you take that?
FERGUSON: Well, I took that in exactly the way that she meant it, which is a threat to file criminal charges against me and/or local police officers or local judges who don't bend the knee to the Trump administration on this issue. And that is - to put it very mildly, that's breathtaking.
FADEL: Are you willing to risk retaliation from the Justice Department that could include prosecution and imprisonment?
FERGUSON: Well, I mean, of course, right? I have a job to do, which is to defend my state and the people of my state, and to do that in a lawful way. But I am reminded, you know, back in 2017, when I was the attorney general of Washington state, I was the first attorney general to challenge the Trump administration in court. And I remember picking up my then 7 or 8-year-old daughter from school and walking her home, and she'd heard something at school that I might be in trouble because I was doing this with the president. And she asked if I'd be in trouble for doing that. And I told her, Katie, look, we live in this great country where your dad can challenge a president, say things about a president and stop him from doing something illegal, and your dad does not get in trouble. That's not how we resolve our political differences. Look, I - you know, I'd have to have a different conversation with my now 17-year-old daughter, Katie, about that. That's what makes it so breathtaking to me is a U.S. attorney general threatening a governor - and, by the way, other state officials - with prison time for not bending the knee to their agenda when it comes to federal immigration enforcement.
FADEL: Criminal prosecution is not the only risk here. I mean, I'm in Washington, D.C., where the federal government has sent in the National Guard. That could happen in your state. There's also the possibility of losing federal funding, which I think makes up, what, 20%?
FERGUSON: About 28% of our state budget is federal dollars. That's correct.
FADEL: So with that, I mean, are you ready for the potential loss of that funding or National Guard coming into your state? And what would you do then?
FERGUSON: Obviously we are preparing for all eventualities, whether it's a potential National Guard - and what's happening, by the way, in D.C. is truly outrageous - or the withholding of federal funds. It's all too common right now, the threat of the federal government to withhold funds on all sorts of issues - education funding, public health, FEMA funds. You name it. But at the end of the day, we just can't compromise our values, and that's pretty fundamental to me as governor for the people of Washington state.
FADEL: Governor Bob Ferguson of Washington state. Thank you for taking the time to speak with us.
FERGUSON: Thank you. I really appreciate it. Transcript provided by NPR, Copyright NPR.
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