Summary:
The Washington State Legislature has passed the Immigrant Worker Protection Act, which requires employers to notify immigrant workers when federal immigration authorities request employment eligibility records. The law aims to increase fairness and transparency in the workplace for immigrant workers and provide additional protections, such as prohibiting retaliation against workers for exercising their rights under the law. The law also reinforces existing rules stating that employers are not required to allow federal immigration agents access to nonpublic areas of their businesses or to employee records unless agents present a judicial warrant.
The Washington State Legislature has passed the Immigrant Worker Protection Act, a bill aimed at increasing fairness and transparency in the workplace for immigrant workers. Requested by Attorney General Nick Brown, the measure now heads to the governor’s desk.
House Bill 2105, sponsored by Rep. Lillian Ortiz-Self, D-Mukilteo, and Sen. Rebecca Saldaña, D-Seattle, requires employers to notify workers when federal immigration authorities request employment eligibility records.
If federal agents ask to review a worker’s I-9 forms, also known as employment eligibility documents, the employer must notify the worker within five business days.
Employers must provide the notice in English and the five other most common languages used in Washington. They must also inform workers of the results of the inspection and provide information about statewide resources and workers’ rights.
Supporters say the legislation will help ensure immigrant workers are informed when federal authorities review workplace records that could affect their employment.
“This bill ensures basic fairness for the workers fueling our economy and contributing to our state’s prosperity,” Brown said. “It requires that workers have access to the same information their employers do, affording them the dignity they deserve.”
Ortiz-Self said immigrant workers are often unaware when federal authorities review employment records.
“Immigrant workers help power Washington’s economy, yet too often they are the last to know when federal authorities review employment records,” Ortiz-Self said. “This legislation reflects our state’s commitment to fairness and transparency by ensuring they are informed and have the opportunity to review their documents, correct mistakes, and protect their jobs and their families.”
Saldaña said the measure is intended to ensure workers are treated fairly when immigration enforcement actions affect workplaces.
“Immigrant workers are essential to Washington’s economy and our communities. This legislation helps ensure workers are treated with fairness and respect by requiring transparency when federal immigration enforcement actions impact the workplace,” Saldaña said. “Workers deserve to know what’s happening and to have the opportunity to respond and protect their rights.”
Supporters say the legislation comes amid increased immigration enforcement activity that has created concern among immigrant communities.
Federal immigration authorities’ tactics have had a destabilizing effect on the state’s economy over the past year, sowing fear in immigrant communities, as U.S. Immigration and Customs Enforcement has stepped up arrests, particularly of immigrants without criminal convictions.
Labor leaders also praised passage of the bill.
“Washington’s labor movement applauds passage of the Immigrant Worker Protection Act,” said April Sims, president of the Washington State Labor Council, AFL-CIO. “As the federal administration continues targeting immigrant workers, this legislation will provide a valuable layer of protection to thousands of working Washingtonians. Many thanks to legislators who supported this essential bill and to Attorney General Brown for bringing this policy forward.”
If signed into law, the legislation would also provide additional protections for workers.
Employers would be prohibited from retaliating against workers for exercising their rights under the law. Workers could not be punished or fired for using those protections.
The law also reinforces existing rules stating that employers are not required to allow federal immigration agents access to nonpublic areas of their businesses or to employee records unless agents present a judicial warrant. The Attorney General’s Office plans to provide employers with guidance explaining those rights.
The Attorney General’s Office would enforce the law and could investigate employers suspected of violating it and take legal action if necessary. Workers would also have the ability to file lawsuits to stop violations or recover damages.