Spokane delays $1M grant over condition requiring compliance with Trump agenda

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(The Center Square) – Citing risks of going “bankrupt,” the Spokane City Council deferred action on a $1 million grant on Monday, which may require them to comply with the president’s immigration agenda.

If approved, the U.S. Department of Justice’s Community Oriented Policing Services, or COPS, Hiring Program would grant the Spokane Police Department $1 million for eight new officers over five years.​

Logistically, it’s more of a financial commitment for the city than an asset. The officers would total nearly $6.2 million over the next five years, requiring $5 million in local funding that the council didn’t budget for. The officials also just closed a $13 million deficit and anticipate more in the future, raising alarms.

Assistant Police Chief Matt Cowles told the council that he thinks the city can comply with the 39 grant conditions tied to the award, but the officials seemed uncertain. Councilmember Zack Zappone said his constituents have asked him about a few tied to cooperating with federal immigration enforcement.​

“Governmental entities must comply with 8 U.S.C. §1373,” according to a COPS fact sheet referencing federal law against policies restricting the sharing of citizenship statuses with immigration authorities.

The Keep Washington Working Act, which some dub the state’s “sanctuary” law, bars local police from collecting immigration statuses unless relevant to state or local investigations. The state claims that “unauthorized presence in the United States is governed by federal law and is not, by itself, a crime.”​

The progressive majority in Spokane passed a resolution in February reaffirming the KWWA as federal immigration authorities swept across the region. The only two conservatives, Councilmember Michael Cathcart and former Councilmember Jonathan Bingle, voted against it, arguing that it draws attention.​

The move came as a new administration entered the White House after millions of immigrants illegally crossed the border under former President Joe Biden. Illegal border crossings have since dropped to record lows, but not everyone is happy with the approach, with a clear ideological divide nationwide.

During the February meeting, Councilmember Paul Dillon ripped up a DOJ memo that said jurisdictions that unlawfully interfere with immigration enforcement will have their funding pulled. Dillon called it an “empty scare tactic,” but Cathcart raised concerns again on Monday regarding potential repercussions.

Last spring, the DOJ published a “sanctuary jurisdictions” list that included Spokane County before the federal government scrubbed it from its website. The county usually takes a more conservative stance than the city of Spokane, and an updated list from last August didn’t include either jurisdiction.

Washington state and the city of Seattle, however, are listed on the updated sanctuary jurisdiction list.

“Very concerned that we are potentially going to be deliberately committing fraud by accepting this,” he said. “I need to get more legal input, which is why I support the deferral; but to be clear, I support hiring more officers. I wouldn't just hire eight … but we cannot do it if it's going to bankrupt us.”​

Dillon was the one who motioned on Monday to defer the grant until a special meeting this Thursday.

State lawmakers often cite Washington as having the lowest number of officers per capita nationwide. Many jurisdictions have turned to the COPS grant to expand their force, including in Washington state.

Cathcart said he isn’t comfortable committing to a grant knowing he would be “complicit in committing fraud.” Another condition requires Spokane to abide by President Donald Trump’s executive orders, as Mayor Lisa Brown and the majority routinely speak out against his immigration and economic agendas.

Councilmember Kitty Klitzke read a summary from Police Chief Kevin Hall, arguing that 8 U.S.C. §1373 only prohibits laws that restrict the sharing of immigration statutes. SPD doesn’t collect that info, and she said the statute doesn’t require them to; it just requires SPD to share whatever it does collect.

“If we don't have the data, we cannot share it; therefore, we are in compliance with 8 U.S.C. §1373, without violating the spirit or technical requirements of the Keep Washington Working Act,” she said.

Cathart said he has different views from the vast majority of those who testified against the grant, but agreed that the council needs to exercise caution to avoid liability and having to repay the grant later.

“Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance,” according to an award letter sent to Cowles on Oct. 10,  “which may include termination of the award and/or a requirement to repay award funds.”