Governor Ferguson won’t rule out National Guard deployment as WA responds to ICE killing of Alex Pretti

Governor Bob Ferguson and Attorney General Nick Brown held a press conference Monday morning, condemning federal immigration agents after the fatal shooting of an ICU nurse in Minneapolis over the weekend, warning that Washington state is prepared to use “every legal option available” if similar actions occur here.

“ICE is, to be blunt, completely and totally out of control,” Ferguson said. “To say that I’m angry is not the right word. I don’t have the right word for how I feel about it.”

Alex Pretti, 37, was shot and killed Saturday by a Border Patrol agent during a confrontation with federal immigration officers in Minneapolis. Pretti, a nurse who worked with veterans, was the second person killed by federal agents in the city this month, according to the Associated Press.

Bob Ferguson meets with WA National Guard, won’t rule out deployment after Minneapolis ICE shooting

Ferguson revealed he met on Sunday with Major General Gent Welch of the Washington National Guard to discuss what is happening in Minnesota and potential scenarios in Washington.

When asked at what point he would consider activating the Guard, Ferguson did not offer specifics but said he would not hesitate.

“I’m not going to be shy about doing that if I think it’s necessary to help protect the people of our state,” Ferguson said. “That’s the criteria for me.”

Ferguson said he envisions the Guard could serve as a buffer between the federal agents and maybe public protest if needed.

The Trump administration has maintained that federal immigration agents have full authority to operate in any state and that local or state officials cannot obstruct federal law enforcement. Border Patrol’s Gregory Bovino, who commands the administration’s urban immigration operations, said federal officers have faced attacks across the country.

“This is only the latest attack on law enforcement. Across the country, the men and women of DHS have been attacked, shot at,” Bovino said after the Pretti shooting, according to the AP.

Any use of the National Guard to impede federal immigration enforcement would likely trigger a significant legal and political confrontation between Washington and the Trump administration.

AG Nick Brown accuses Trump administration of ‘fascist tendencies,’ calls Kristi Noem’s statements ‘blatant lies’

Brown delivered a blistering critique of the Trump administration’s immigration enforcement.

“What we’re seeing right now coming from Washington, D.C., is motivated by hate and bias, and it is guided by the whims of the president,” Brown said. “Not the facts, not the courts, and certainly not the United States Constitution.”

Brown called the administration’s actions evidence of “the president’s fascist tendencies” and accused the Department of Homeland Security (DHS) Secretary Kristi Noem of lying about Pretti.

“Hours after Alex was killed this weekend, the head of Homeland Security called him a domestic terrorist,” Brown said. “A domestic terrorist, which is blatantly false.”

Brown said the message to federal agents is clear: “They have free rein to violate people’s civil rights, to break state and federal law, and that no one is going to hold them accountable.”

Trump’s tone on Tim Walz shifts from ‘inciting insurrection’ to ‘very good call’

President Trump’s tone toward Minnesota’s governor shifted sharply between the weekend and Monday morning.

On Saturday, Trump lashed out at Governor Tim Walz and the Minneapolis mayor on social media, sharing images of a gun that immigration officials said was recovered from the scene.

“What is that all about? Where are the local Police? Why weren’t they allowed to protect ICE Officers?” Trump wrote. He accused the Democratic leaders of “inciting insurrection, with their pompous, dangerous, and arrogant rhetoric.”

But Monday morning, Trump posted on Truth Social that he and Walz had spoken by phone and were “actually, on a similar wavelength.”

“Governor Tim Walz called me with the request to work together with respect to Minnesota. It was a very good call,” Trump wrote. He said Walz “very respectfully, understood” that the administration is looking for “any and all criminals” in state custody, and that Walz was “happy” that border czar Tom Homan was traveling to Minnesota.

It is unclear whether Ferguson and Brown were aware of Trump’s post before their press conference.

DHS said federal officers fired “defensive shots” after Pretti approached them with a handgun and “violently resisted” when officers tried to disarm him. Noem said Pretti had shown up to “impede a law enforcement operation.”

Bystander video obtained by the AP shows Pretti holding a phone, not a visible weapon. Minneapolis Police Chief Brian O’Hara said police believe Pretti was “a lawful gun owner with a permit to carry.”

Pretti’s family called the administration’s statements “sickening lies” and said he was “clearly not holding a gun when attacked.”

Ferguson, Brown send letter to DHS Secretary Kristi Noem warning against unconstitutional ICE searches

Ferguson announced that he and Brown signed a joint letter Monday morning to Secretary Noem, addressing a recent memo instructing ICE agents to use force to enter homes without a warrant from a judge.

The distinction between an administrative warrant and a judicial warrant is at the center of the legal dispute. A judicial warrant is signed by a judge, who serves as a neutral party and must find probable cause before authorizing law enforcement to enter a home. An administrative warrant, by contrast, is issued by ICE itself without judicial oversight.

The Trump administration argues that administrative warrants are a legally valid tool for civil immigration enforcement, which operates under different rules than criminal law enforcement. Federal officials maintain that immigration agents have broad authority to enforce federal law and that states cannot interfere with that enforcement.

Ferguson and Brown disagree, arguing the Fourth Amendment protects Americans from unreasonable searches and requires warrants based on probable cause, regardless of whether the enforcement is civil or criminal.

“ICE cannot authorize itself to break into somebody’s home,” Ferguson said. “We will use every legal option available to us to hold the federal government accountable.”

Ferguson added: “We will use every legal option available to hold individual ICE agents accountable as well.”

Brown said the memo represents “a constitutional crisis.”

“The ICE memorandum basically instructs agents to ignore the Fourth Amendment of the United States Constitution, to throw it in the trash,” Brown said. “Judges sign warrants as a neutral party. ICE is not a neutral party, and it has no oversight today.”

Ferguson outlines five steps to prepare for ICE activity in Washington

Ferguson outlined several steps his administration is taking to prepare for potential ICE activity in Washington.

The governor said he and Brown sent a joint letter to Noem warning against unconstitutional searches. He is also elevating immigration coordination within his cabinet by adding the chief of the Office of Immigrant and Refugee Assistance to cabinet meetings.

Ferguson said he is coordinating with statewide elected officials, mayors, and law enforcement to ensure clear lines of communication. He is also working with the legislature on protective measures, including Senate Bill 5585, which would bar law enforcement from wearing face coverings.

“At least have the guts to show your face if you’re going to be violating people’s rights,” Ferguson said of masked federal agents. “They lack those guts.”

Can Washington police detain ICE agents violating state law?

AG Nick Brown weighs in. Brown was asked whether local or state law enforcement could detain a federal agent they witnessed violating state law.

“State and local law enforcement do not have to simply watch or look away if the law is being violated,” Brown said. “If they see somebody being assaulted unlawfully or attacked unlawfully or otherwise having their legal rights violated, we do not expect state and local officers to simply watch or do nothing.”

Brown acknowledged the legal complexities but said Washington residents should expect their local officers “to not simply watch if somebody in their community is having their rights violated.”

The question of whether state or local police can detain federal agents is disputed. The Trump administration has consistently argued that federal law enforcement officers acting in their official capacity have supremacy under federal law and cannot be arrested or detained by state or local authorities for actions taken during federal operations. Any attempt to do so would likely result in immediate legal action from the Justice Department and could expose local officers and jurisdictions to federal liability.

No specific intelligence of ICE crackdown in Washington, but Ferguson is preparing for the worst

Ferguson said there is no specific information indicating a Minnesota-style crackdown is coming to Washington, but he rejected any suggestion to wait and see.

“I have a fundamental disagreement with that approach,” Ferguson said. “Our job is to make sure that we are doing everything we can to prepare for a worst-case scenario.”

Charlie Harger is the host of “Seattle’s Morning News” on KIRO Newsradio. You can read more of his stories and commentaries here. Follow Charlie on X and email him here. 

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