Washington lawmakers’ proposed legislation designed to help employers combat the aggressive, and in some cases illegal, actions of federal immigration officials could help protect employees and the state’s economic interests.
The Keep Washington Working Act prohibits state and local law enforcement agencies and school districts from providing information to federal immigration agents on civil immigration matters. That includes assisting in locating and detaining immigrants solely because they are undocumented.
Senate Bill 5852, expected to be introduced in the Legislature next month, would require employers to inform employees within 72 hours of when the federal government gives a company a notice of inspection to audit an employee’s employment eligibility verification, Form I-9.
The form is used to verify that an employee is either a U.S. citizen, noncitizen national, lawful permanent resident or an immigrant legally authorized to work in the U.S.
“I think most of us would want to know if our records were being requested by a federal agency,” said King County Councilmember Jorge Barón, who for years was an immigration attorney.
The bill is intended to lessen the chances of raids on workplaces where unsuspecting workers are snatched up and detained by immigration officers, often without due process. Such practices have been all too common in the 11 months of the Trump administration, resulting in families being torn apart and businesses negatively impacted.
Previous administrations conducted audits or inspections of business’s I-9 forms. But in the past, inspections have been done with a focus on making sure employers weren’t involved in worker exploitation, illegal wages or in violation of child labor law, not as a stated means to reach a deportation goal.
Another positive aspect of the bill is the education provision. The Washington Attorney General’s Office would be assigned the responsibility of educating employers of their rights when it comes to granting federal agents access to their property. The information would also be readily available on the AG’s website.
The cost to implement the proposal, should it pass, reportedly would be about $400,000 the first year and less than that in subsequent years. As the state continues to grapple with a budget crisis, Gov. Bob Ferguson has signaled there’s no room for new spending. Lawmakers should carefully analyze whether the benefits would make it worth the cost, balanced with other needs.
