HomeMy WebLinkAboutOrd 2782 - 6-Month Moratorium on Facilities for Detention, Transportation & Food Services for People Detained by Law EnforcementCity of Tukwila
Washington
Ordinance No. 7 g
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING A 6-MONTH
MORATORIUM ON THE CHANGE OF USE, ESTABLISHMENT,
EXPANSION, OR DEVELOPMENT OF FACILITIES FOR THE
DETENTION, TRANSPORTATION, AND FOOD SERVICES
FOR PEOPLE DETAINED BY LOCAL, STATE, OR FEDERAL
LAW ENFORCEMENT; SETTING A PUBLIC HEARING;
DECLARING AN EMERGENCY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, on December 16, 2024, the City of Tukwila adopted its current
Comprehensive Plan as Ordinance No. 2753; and
WHEREAS, the Plan articulates the community's 20-year vision about how Tukwila
will grow into the future based on the community's core values — respect for the past and
present, compassion and support for individuals and families, pride of place, and quality
opportunities for working, living and community involvement; and
WHEREAS, Tukwila has become home to a diverse mix of people from many
backgrounds and countries and its overarching goal is to create a community where
residents including both the long-term and the recently -arrived, with varied backgrounds,
traditions, languages, and countries of origin feel connected and committed to each other,
their neighborhoods, their community groups and organizations, and to the City as a
whole; and
WHEREAS, the purpose of the City of Tukwila's Comprehensive Plan is to provide
a comprehensive statement of City goals and policies used to focus, direct, and
coordinate the efforts of departments within the City's government. It serves as a basic
source of reference for decision -making officials as they consider enacting ordinances or
regulations that will affect the community's physical and economic development; and
WHEREAS, the Comprehensive Plan establishes Goal CC-9: Foster a strong
sense of Tukwila's regional responsibility and accountability balanced by an awareness
of regional impacts on the City and its citizens; and
2026 Legislation: Moratorium on detention facilities
Version: 2/18/26
Staff: N. Gierloff
Page 1 of 4
WHEREAS, the Comprehensive Plan establishes Goal LU-6: Essential public
facilities are sited in coordination with King County, the State, and/or other cities and
tribes, with consideration being provided for environmental justice principles that address
development of healthy communities for all; and
WHEREAS, the Comprehensive Plan establishes Policy LU-6.1: Ensure that any
discussion of siting or expanding essential public facilities or facilities of regional
importance use a process that incorporates broad public involvement, especially from
historically marginalized and disproportionately burdened communities, and that impacts
and benefits are equitably dispersed; and
WHEREAS, the City of Tukwila's Comprehensive Plan Land Use element
generally directs the City to evaluate and ensure the compatibility of adjacent land uses
through the establishment of a land use designation map, zoning designation map, and
implementing development regulations; and
WHEREAS, on December 19, 2025, the Department of Homeland Security
released a pre -solicitation notice for a Service Provider to create a facility that would
provide for the comprehensive detention, transportation, and food services for United
States Immigration and Customs Enforcement (ICE) detainees; and
WHEREAS, the Department of Homeland Security released a pre -solicitation
notice that the proposed facility should be located close to Seattle and with an appropriate
proximity to airport services for transportation requirements; and
WHEREAS, the City of Tukwila currently hosts numerous essential public facilities,
including the Sounder Train Station, Tukwila International Boulevard Light Rail Station,
King County International Airport, Bow Lake Transfer Station, and the Department of
Homeland Security Seattle Field Office, within the Tukwila city limits; and
WHEREAS, the City Council may adopt an immediate moratorium, for a period of
up to six months on the acceptance of permit applications for the purpose of establishing
a facility meeting the definition of correctional institution, detention facility, or related
facility to provide detention, transportation, and food services for detainees, provided
that the City Council holds a public hearing on the moratorium within sixty days after
adoption pursuance to RCW 35A.63.220 and RCW 36.70A.390; and
WHEREAS, the Tukwila City Council finds that a correctional institution or any
detention or related facility may be incompatible with the Vision, Goals, and Policies of
our Comprehensive Plan and that further analysis, review, community outreach, and
direction from the City Council may be necessary; and
WHEREAS, pursuant to RCW 35A.12.130, the City Council finds that an
emergency exists and that it is necessary to adopt an interim moratorium in order to allow
sufficient time to study, evaluate, and understand the scope and potential impacts of the
proposed project, and to prevent potential harm to the public health, safety, welfare, and
peace, and therefore determines that immediate action is required; and
2026 Legislation: Moratorium on detention facilities
Version: 2/18/26
Staff: N. Gierloff
Page 2 of 4
WHEREAS, the moratorium does not apply to any complete application for a
correctional institution or any detention or related facility for the detention, transportation,
and food services for people detained by state, local, or federal law enforcement, or
similar use that has vested to the regulations in effect prior to the passage of this
Ordinance; and
WHEREAS, the City shall hold a public hearing on April 13, 2026, consistent with
the requirements of RCW 35A.63.220 and RCW 36.70A.390, to consider public comment
and evidence on the subject of the moratorium;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Established. Pursuant to the provisions of RCW
35A.63.220 and 36.70A.390, a moratorium is hereby enacted in the City of Tukwila
prohibiting the establishment, location, operation, development, expansion, and licensing
of a correctional institution or any detention or related facility for the detention,
transportation, and/or food services for people detained by state, local, or federal law
enforcement.
Section 2. Applications Paused. Through August 23, 2026, the City shall not
accept applications for pre -applications, rezones, land use permits, construction permits,
or building permits for any of the purposes or activities listed in Section 1 above, and no
business license shall be granted or accepted while this moratorium is in effect. Any land
use approvals, business licenses or other permits for these facilities that are issued as a
result of error or by use of vague or deceptive descriptions during the moratorium are null
and void and without legal force or effect.
Section 3. Adoption of Findings of Fact. The City Council adopts as its
preliminary findings the recitals set forth above. The Council may adopt additional findings
in the event that additional evidence is presented to the City Council.
Section 4. Pursuant to RCW 36.70A.106, this Ordinance shall be transmitted to
the Washington State Department of Commerce as required by law.
Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
2026 Legislation: Moratorium on detention facilities
Version: 2/18/26
Staff: N. Gierloff
Page 3 of 4
Section 7. Effective Date. Pursuant to RCW 35A.13.190, the City Council
declares that an emergency exists requiring passage of this Ordinance for the protection
of public health, safety, welfare, and peace based on the Findings set forth in Section 3
above. This Ordinance shall take effect and be in full force immediately upon passage
and shall expire automatically six months from its passage, unless extended or terminated
earlier by subsequent Council action.
PASSED BY THE CITY COUNCIL OF THE CITY 9F TUKWILA, WASHINGTON,
at a Special Meeting thereof this L3 day of , 2026.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
2026 Legislation: Moratorium on detention facilities
Version: 2/18/26
Staff: N. Gierloff
omas McLeod,
Filed with the City Clerk: o_ /7/m
Passed by the i Council:
Published: r2 7 7,2e
Effective Date: Or lea c�Y.L_ 7
Ordinance Number: a% 37.Q.
Page 4 of 4
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2782.
On February 23, 2026 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
ORDINANCE 2782: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING A 6-MONTH MORATORIUM ON THE
CHANGE OF USE, ESTABLISHMENT, EXPANSION, OR DEVELOPMENT OF
FACILITIES FOR THE DETENTION, TRANSPORTATION, AND FOOD SERVICES
FOR PEOPLE DETAINED BY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT;
SETTING A PUBLIC HEARING; DECLARING AN EMERGENCY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Andy Youn-Barnett, City Clerk
Published Seattle Times: February 26, 2026