OLYMPIA – Washington state has enacted sweeping new protections for immigrant workers after Governor Bob Ferguson signed Second Substitute House Bill 2105 into law Monday, marking a significant shift in how employers must respond to federal immigration enforcement actions.
The measure, approved by lawmakers during the 2026 legislative session, establishes new requirements for employers when federal agencies conduct workplace inspections related to employment eligibility, commonly known as I-9 audits.
Under the new law, employers are now required to notify workers within five business days of receiving notice of a federal inspection. That notice must include key details such as the agency conducting the inspection, the date the employer was notified, and the type of records being requested. Employers must also provide a copy of the inspection notice itself and distribute the information in multiple languages commonly used in Washington workplaces.
The legislation goes further by requiring employers to inform workers of the results of those inspections. If deficiencies are identified, affected workers must be notified of the specific issues, given a timeline to address them, and allowed the opportunity to meet with their employer—along with representation if they choose.
State lawmakers framed the policy as both an economic and public safety measure. According to findings included in the bill, immigrant workers make up about 15% of Washington’s population but contribute roughly 21% of the state’s economic output—an estimated $145 billion annually.
The law also places limits on employer conduct, prohibiting retaliation against workers who exercise their rights under the new protections. Employers are barred from using a worker’s immigration status as a threat or as a factor in employment decisions such as promotions, scheduling, or termination.
Enforcement authority will fall largely to the Washington Attorney General’s Office, which is empowered to investigate violations, pursue legal action, and seek financial penalties. Employers who fail to provide required notices could face fines of $500 per violation, with higher penalties for willful noncompliance.
Workers and advocacy organizations will also have the ability to file lawsuits, potentially recovering damages or statutory penalties tied to violations of the law.
The legislation, formally titled the “Immigrant Worker Protection Act,” takes effect June 11, 2026, with key enforcement provisions—including notice requirements and penalties—set to begin October 1, 2026.
State officials say the goal is to provide clarity for employers while ensuring workers are informed and protected during federal immigration enforcement actions—an issue that has drawn increasing attention in Washington’s agricultural and service sectors.
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