Washington Governor Bob Ferguson (D) has signed into law a new set of protections for immigrant workers, aiming to notify them if the federal government seeks to investigate their status. Local advocates say this latest example of a jurisdiction pushing back against the feds on immigration is a necessary step—and that more legislative action, as well as community-led organizing, is needed amid the Trump administration’s assault on immigrant rights.
HB 2105, known as the Immigrant Worker Protection Act, passed the Washington House and Senate in March and was signed by Gov. Ferguson on March 30. It takes effect on June 11. The bill states that it aims to “provide resources and support to employers about their rights and the rights of their workers,” plus “clarity about their rights and responsibilities when engaging with 19 federal agencies that conduct form I-9 inspections.” The new law “[requires] Washington employers to provide notice to workers in the event of a form I-9 inspection and provide additional protections and support for workers and employers.” That notice must be in writing and issued within five days of the investigation being initiated.
“Before the legislation goes into effect, when I-9 audits happen, the employees don’t get to hear about it unless there’s follow-through,” Malou Chávez, executive director of the Northwest Immigrant Rights Project, told Filter. “This is an opportunity for them to have the same information employers get when they receive inspection notices.”
The law creates a set of responsibilities for the state attorney general, including supplying posters, in several languages, for employers to inform workers of the new notice requirements. Workers must be told which federal agencies are inspecting them, the date the inspection began, and the specific records or documents being requested. Employers will also be advised by the AG that they don’t have to give federal agencies access to private areas of their workplace, and that accessing worker records requires a subpoena or judicial warrant.
Agencies like Homeland Security Investigations are increasingly conducting investigations to check the validity of I-9 documentation provided by employees, verifying they can legally work.
The AG “shall conduct outreach to businesses, employers, and community members to provide information and guidance” for the first year, states the bill. Employers who violate aspects of the law could be subject to legal action, and potentially fined up to $1,000 per impacted worker.
Agencies like Homeland Security Investigations (HSI), a directorate within Immigration and Customs Enforcement (ICE), are increasingly conducting investigations into employers to check the validity of I-9 documentation provided by employees, verifying they can legally work. These investigations are then fueling ICE enforcement raids.
One incident in Washington State in 2025, in the city of Bellingham, serves as an example of why advocates wanted new legislation. HSI was tipped off in January 2025 that a local roofing company was employing undocumented workers, as KUOW, Seattle’s NPR station, reported. The company was notified that its employees’ I-9s were being investigated, and it complied in turning over documentation for 83 individuals. Federal officials claimed to have found 56 employees who submitted false or fraudulent work documents. On the morning of April 2, ICE agents executed a raid that arrested 37 people.
Prior to the new law, workers in Washington had no way of knowing if they were under investigation—their employer had no obligation to tell them—let alone any proper chance to defend themselves or consult with a lawyer. Employers also faced risks, when informing their workers of an immigration investigation might have led to them being accused of obstruction of justice.
Notice of an investigation could make all the difference between potential wrongful detention or deportation, and no further action.
HB2105 provides clarity on both sides. And the promise of notice of an investigation is likely to help people get their documentation together in time, according to Chávez.
“Presumably if the missing information is [their document is expired], they can go to the attorney who helped with their immigration case—or to their mother’s house, where they left some documentation–to [correct that],” she said. That could make all the difference between potential wrongful detention or deportation, and no further action.
Though scrutiny now is greater than ever, immigrant workers have long contended with difficulties in trying to maintain their legal employment states.
“We do hear stories about someone whose work authorization has been automatically extended but the employer is not accepting that,” Chávez said. “We have to write letters and say ‘this allows the person to be employed’ … the DHS is [also] terminating temporary protected status, or [restricting] the validity period of work documents from five years to one year.”
What’s happening in Washington is a microcosm of the various ways that immigrants and their allies nationwide are resisting an often-lawless federal immigration crackdown that has routinely violated the constitutional rights of immigrants and citizens alike, as cities like Los Angeles, Chicago and Minneapolis have seen raids and mass protests. Andrea Schmitt, an attorney at Columbia Legal Services, explained that the climate created by Trump’s immigration policies can have a chilling effect on people even being willing to exercise their legal rights.
“People who are documented and undocumented alike are all feeling extraordinarily nervous and affected by the immigration tactics this administration has undertaken,” Schmitt told Filter. “That’s because the admin has shown itself repeatedly not to care what your immigration status is, and to argue successfully it has the ability to racially profile and haul people away. They’ve kept people who are documented in detention for extended periods, which can be life-ruining. There is a wide-reaching psychological effect on the immigrant community.”
“It’s so foundational to get to know your neighbors … Find out who is in need of support, and who can offer it.”
Although states and cities have little power to affect immigration policy, which is largely the domain of the federal government, advocates are working towards other legal reforms in Washington State. Senna Seniuk, policy director of the Washington Immigrant Solidary Network (WAISN), said that immigration advocates are strengthening their relationships with labor unions and other workplace organizers, finding common cause in seeking more comprehensive rights for all workers, regardless of their citizenship status.
Advocates notched another win in March, as Senuik explained. “Some of the other legislation we’ve previously sponsored are the Domestic Workers Bill of Rights, which are basic workplace protections for nannies, cleaners, gardeners, who are typically left out of labor protections in other industries,” she told Filter. “Immigrant community members are working across industries across the state and country, so it’s essential we have these strong relationships with workers’ rights and labor unions to promote shared safety and wellbeing of all workers.” That bill was signed into law by Gov. Ferguson on March 9.
Seniuk emphasized that while it’s important to lobby for state and local legislation to protect rights, it’s equally vital that everyone become involved in protecting their communities on the front end from ICE and other federal enforcement actions.
“It’s so foundational to get to know your neighbors, whether they’re living or working there,” she said. “We’ve seen in Minneapolis, individual streets organizing chats to respond to enforcement. Find out who is in need of support, and who can offer it.”
Photograph via NARA & DVIDS Public Domain Archive