OLYMPIA, WA – Sen. Phil Fortunato, R-Auburn, is urging the Legislature to reverse course on what he calls misguided sanctuary policies that are forcing Washington taxpayers to shoulder the cost of incarcerating undocumented immigrants while federal authorities are sidelined.
Fortunato introduced Senate Bill 5818 in the final days of the 2025 session that would authorize the state Department of Corrections to transfer individuals in custody with federal immigration detainers to Immigration and Customs Enforcement, a move blocked by current state law.
“Washington has become a sanctuary for felons,” Fortunato stated. “We’re not talking about law-abiding immigrants. These are individuals who are in the country illegally and have committed serious crimes. There is no reason taxpayers should continue footing the bill.”
According to Immigration and Customs Enforcement, more than 300 individuals currently incarcerated in state facilities are undocumented, an overwhelming majority of whom are charged with sex offenses or murder. With the average annual cost of incarceration per inmate estimated at more than $75,000 per year, Fortunato said the state is spending over $23 million each year to hold individuals who could otherwise be turned over to federal custody.
“We’re in a budget crisis, staring down a multi-billion-dollar deficit, and the state is choosing to absorb this cost purely for ideological reasons,” Fortunato said. “That’s unacceptable.”
Under legislation passed in recent years, Washington agencies are prohibited from cooperating with ICE in most civil immigration matters, including honoring detainer requests and allowing interviews with inmates unless strict conditions are met. Fortunato’s bill would amend those restrictions and restore the ability of DOC to cooperate with federal authorities in cases involving inmates subject to deportation.
The bill also allows the department to transfer incarcerated individuals to ICE custody during their sentence, with their remaining time to be served concurrently.
“Public safety shouldn’t take a back seat to politics,” said Fortunato. “When ICE wants to take custody of someone who committed a crime and is here illegally, we should let them.”
Fortunato reiterated that the state’s refusal to cooperate with federal immigration enforcement not only drains state resources but also puts federal funding at risk. Some public safety grants require basic cooperation with immigration agencies, something Washington is now out of compliance with.
“We’re not just wasting taxpayer dollars. We’re risking the loss of critical federal funding that supports law enforcement and public safety,” he said.
The proposal is part of Fortunato’s broader legislative agenda aimed at prioritizing state spending, public safety, and government accountability amid what he calls a “self-inflicted” budget crisis.
“Families are being told they need to pay more in taxes, while the state protects violent criminals from deportation,” concluded Fortunato. “That’s not fairness. That’s failure.”
