Whatcom County Council considering temporary ban on new ICE detention centers

Whatcom County Council members will consider an ordinance next week that could ban — for at least one year — the establishment of new Immigration and Customs Enforcement detention centers in unincorporated areas.

The ordinance, proposed by Councilmember Jessica Rienstra, focuses on the zoning, land-use and other questions surrounding such a large holding facility for people awaiting immigration hearings. A draft of the proposal had yet to be posted online as of Friday morning.

“The proposed moratorium, if passed, would temporarily prohibit Whatcom County from accepting or approving permit applications for involuntary civil detention facilities related to federal immigration enforcement in unincorporated areas of the county for one year,” Rienstra told The Bellingham Herald in an email.

Discussion of a draft ordinance is scheduled when the council’s Planning and Development Committee meets at 2:55 p.m. Tuesday in Council Chambers in the Whatcom County Courthouse, 311 Grand Ave. The meeting will be livestreamed with a link at the council website.

In a phone interview, Rienstra told The Herald that the ordinance relies on zoning laws to ban the development of new facilities and the substantial expansion of existing buildings for a year.

“The (one-year) pause would give Whatcom County time to address gaps in current land-use regulations, which do not specifically account for involuntary civil-detention facilities, while evaluating the potential impacts large-scale facilities could have on infrastructure, transportation, utilities, public safety and surrounding communities. It would also allow the county to study long-term community impacts and develop permanent zoning standards that protect resident welfare,” Rienstra said in an email.

After several people were arrested in downtown Bellingham this year, city officials took steps to ban ICE from using city-owned parking lots to stage those operations. Whatcom County Superior Court is expanding remote access to court proceedings because of increased federal immigration enforcement near the courthouse, according to previous Bellingham Herald reporting.

“We’re already seeing folks afraid to seek health care, even report domestic violence or other crimes,” Rienstra told The Herald.

Washington has one dedicated immigration detention center, the Northwest ICE Processing Center in Tacoma. ICE has a field office at 5200 Industrial Place in Ferndale.

While Rienstra’s proposal is slated for discussion in committee Tuesday, she told The Herald she hopes it can be introduced for a vote of the full council and a public hearing.

“This is about reaffirming a basic principle: the law applies to everyone, and every person deserves due process, transparency and accountability from government institutions. Our county should not support systems that operate outside those values,” Rienstra said. “As local leaders, I believe our responsibility is to ensure county policies uphold constitutional principles, public transparency, and the equal application of the law — regardless of someone’s background or immigration status.”

Several municipalities have taken similar steps to limit ICE detention centers recently, including Seattle and Spokane in Washington and others across the country.

The proposal would not affect the jail or local law enforcement operations, behavioral health facilities, substance-use treatment centers or crisis services, Rienstra said.

Robert Mittendorf

The Bellingham Herald

360-756-2805

Robert Mittendorf covers civic issues, weather, traffic and how people are coping with the high cost of housing for The Bellingham Herald. A journalist since 1984, he also served 22 years as a volunteer firefighter for South Whatcom Fire Authority before retiring in 2025.