A new Washington law protecting workers from immigration enforcement in their workplace will go into effect later this week.
Starting June 11, House Bill 2105 will require employers to give workers at least five business days’ notice that any federal agency is auditing their I-9 forms or any other worker records.
“This one [law] in particular actually came from employers who wanted to know what their rights were, what do they do if ICE comes barging in their front door, what can they say, what do they do, what rights do their employees have?” Rep. Lillian Ortiz-Self, a Mukilteo Democrat who sponsored the bill, said in an interview earlier this year.
Ortiz-Self also said the law is meant to protect against “bad actors” — employers who might weaponize a federal audit to punish workers.
The law was originally requested by Attorney General Nick Brown and will require employers to provide notice of an upcoming audit in five other common languages spoken in Washington state. Employers will also need to provide information about workers’ rights and resources, and they will need to give employees the results of the audit within five days of receiving them.
“Immigrant workers fuel Washington’s economy and contribute to our culture and prosperity,” Gov. Bob Ferguson said when he signed the bill into law in March. “We must work hard to protect their rights.”
Immigrant workers contribute about $145 billion to Washington’s economy each year, according to the state.
If employers fail to give proper notice to their employees, they could risk being fined $500 for each instance of failing to notify workers, or $1,000 if a court finds they intentionally didn’t tell workers.
Opponents of the law, like the Washington Food Industry Association (WFIA), have expressed concern that the requirements would unfairly penalize small business owners.
“When an I-9 audit occurs, stores take on significant financial and legal burdens to comply with the federal government’s request in a timely manner,” Molly Pfaffenworth, government affairs director of the WFIA, said in a written statement. “We are concerned that a private right of action could result in frivolous lawsuits against small businesses that are essential to the vitality of Washington communities — especially small stores that have limited time, resources, and staffing to manage these requests."
The state Attorney General’s office has said they will be working with small businesses to make sure they aren’t being fined unfairly.
