Legislature passes AGO-request Immigrant Worker Protection Act

The Legislature has passed the Immigrant Worker Protection Act. Attorney General Nick Brown requested the bill to increase fairness and transparency in the workplace for immigrant workers. It now goes to the Governor to be signed into law.

What the law will do if signed

HB 2105, sponsored by Rep. Lillian Ortiz-Self, D-Mukilteo, and Sen. Rebecca Saldaña, D-Seattle, in the Senate, creates new rules for employers. If federal agents ask to see a worker's I-9 forms, also known as employment eligibility documents, the employer must inform the worker within five business days.

Employers must give this notice in English and the five other most common languages used in Washington. Employers must inform the worker of the results of the I-9 inspection. The employer must also give the worker information about statewide resources and the worker's rights.

Why it matters

"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."

"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."

"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."

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 (ICE) has stepped up arrests, particularly of immigrants without criminal convictions.

"Washington's labor movement applauds passage of the Immigrant Worker Protection Act," said WSLC, AFL-CIO President April Sims."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."

Your rights at work

The law will also include these protections if signed by the Governor:

• Privacy: Employers already do not have to give federal immigration agents access to their non-public places of business or employee data unless agents have a judicial warrant. The Attorney General's Office will provide employers with guidance describing those rights.
• No retaliation: An employer cannot stop a worker from using their rights under this law and cannot punish or fire a worker for using those rights.
• Enforcement: If the Attorney General's Office learns an employer may be breaking this law, it can investigate and take legal action. Workers can also sue to stop violations or recover money for damages.

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