Washington House passes bill to warn immigrant workers about ICE action
Published in News & Features
A bill requiring Washington state employers to warn immigrant workers of potential federal immigration enforcement action passed the state House Friday and now heads to the Senate.
The Immigrant Workers Protection Act, proposed in October by state Attorney General Nick Brown, would require employers to notify workers within 72 hours of receiving notification by federal officials of plans to inspect workers' immigration documentation.
House Bill 2105 would also prohibit employers from interfering with workers' rights under the new law or retaliating against workers who exercise those rights.
Backers say the law wouldn't interfere with federal immigration enforcement and is only meant to ensure employees know about any planned inspections.
"All (employers) have to do is notify them that this is coming, give them an opportunity to check all their records, make sure everything's in order," said Rep. Lillian Ortiz-Self, D-Mukilteo, a main backer of the measure, in an interview Monday.
Supporters say the law is critical for the state's economy: They say immigrants generate 21% of Washington's economic output, or an estimated $145 billion every year, even though they make up just 15% of the state's population.
House Republicans oppose the measure, which they say puts employers "in the crossfire between the federal government and the state government," according to a legislative report presented Feb. 7.
Several other states, including California, Oregon and Illinois, already have similar laws.
The proposal follows a rise in workplace raids under President Donald Trump, who campaigned on a promise to crack down on illegal immigration. The Biden administration had reduced raids in favor of pressuring employers to ensure workers have accurate immigration records.
Federal law enforcement officials don't need a subpoena or warrant to inspect workers' immigration documentation, known as Form I-9, but are required to give employers at least three business days' advance notice.
Ortiz-Self said some items flagged during inspections are honest errors by legal immigrants, and her bill would give workers time to clear up those errors before an inspection.
She said the measure could help reduce current stress among legal immigrants.
"Our immigrant community is terrified," Ortiz-Self said. "They are terrified to go renew their green cards. They're terrified to go to a court hearing. They're terrified to even go to work, because they may disappear, and that's the reality they're living under."
During inspections at several Washington companies last spring, immigration officials said they found dozens of workers with fraudulent information on their I-9 forms, according to reporting by the Washington State Standard.
Although employers can use a federal system, E-Verify, to check information on I-9s, employers in Washington aren't required to use the system, unlike employers in many other states.
State Republicans came out strongly against a similar proposal last year, with state Rep. Jim Walsh, R-Aberdeen, criticizing it as a “clear effort to undermine enforcement of federal immigration law.”
The bill, which was amended several times, passed Friday on a largely party-line vote, with 56 Democrats in favor and 36 Republicans and two Democrats opposed.
It wasn't clear when the Senate might take up the measure. Ortiz-Self said she has been told by Labor and Commerce Committee Chair Sen. Rebecca Saldaña, D-Seattle, that "she expects to try to get it heard and (moved) out as soon as possible.
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