Washington employers should take note of expanded obligations under the state’s Immigrant Worker Protection Act, reinforced through HB 1470 (2023), HB 2105 (2026), and updated guidance from the Washington Attorney General. These developments reflect the state’s continued focus on protecting immigrant workers and establish clearer expectations for how employers must respond to workplace immigration enforcement activity.
For most employers, the primary challenge is ensuring that managers and front-line staff are prepared to respond in real time if immigration officials arrive at the workplace.
What Has Changed
Washington law now places clearer limits on employer cooperation with federal immigration enforcement in the workplace. Specifically:
- Employers may not allow ICE agents to enter non-public areas of a business without a valid judicial warrant, and administrative warrants alone are not sufficient.
- The law restricts the disclosure of employee records. Employers may not provide I-9 forms, payroll records, personnel files, or other employment documents unless ICE presents a subpoena or judicial warrant that specifically requires production of those materials.
- Employers must comply with expanded employee notification requirements in connection with I-9 inspections. Within five business days of receiving notice of an inspection, employers are required to notify affected employees. These notices must be provided in English as well as the five most commonly spoken languages in Washington. Employers must also communicate the results of the inspection and provide employees with information about their rights.
Who Is Affected
These requirements apply broadly to Washington employers, particularly those with physical worksites, customer-facing operations, or front-line personnel who may interact directly with immigration officials during a workplace visit or audit.
Timing
These protections are already in effect through prior legislation and updated enforcement guidance issued by the Washington Attorney General. Employers should act promptly to review their policies and procedures to ensure compliance and reduce the risk of potential penalties.
Next Steps for Employers
Employers should take proactive steps now to ensure that managers and staff are prepared to respond appropriately to workplace enforcement activity.
- Training is a critical first step. Employers should ensure that managers and reception staff understand what to do if immigration officials arrive, including who to contact internally, what questions to ask, and how to review documentation before allowing access to non-public areas or employee records.
- Employers should consider implementing a written ICE response protocol. A clear internal plan can identify designated points of contact, outline escalation procedures, and provide guidance for documenting interactions with immigration officials. A structured process helps reduce the risk of inconsistent or improvised decisions made under pressure.
- Employers should also review workplace access and recordkeeping practices. This includes clearly identifying non-public areas with appropriate signage, evaluating how employee records are stored and accessed, and confirming that procedures are in place to meet Washington’s employee notification requirements in the event of an I-9 inspection.
Williams Kastner Can Help
Williams Kastner’s Labor & Employment team regularly advises employers on evolving workplace compliance requirements and can assist with reviewing policies, conducting manager training, and developing practical response protocols tailored to specific workplaces.
If you have questions or would like to discuss how these developments may affect your business, please do not hesitate to contact us.