Washington Expands Immigrant Worker Protections

As a reminder for employers with workers in Washington, Washington enacted House Bill 2105, creating new protections for immigrant workers related to federal employment eligibility inspections and other immigration-status-related workplace conduct.

The law adds new employer notice, posting, and anti-retaliation requirements, including obligations tied to federal Form I-9 (Employment Eligibility Verification) inspections and inspection results.

The act takes effect on June 11, 2026, but the new employer notice, posting, anti-retaliation, and enforcement provisions begin on October 1, 2026.

What Employers Need to Do

• Review current procedures for responding to federal employment eligibility (Form I‑9) inspections.

• Prepare to provide workforce notices within five business days of receiving a federal notice of inspection, using the required content and languages.

• Develop a process to issue individualized notices to affected workers within five business days of receiving inspection results.

• Post the Washington Attorney General’s immigrant worker rights poster in conspicuous workplace locations once issued.

• Train managers and human resources staff on anti‑retaliation requirements and prohibited conduct related to immigration status.

• Review employment eligibility verification practices to ensure they do not exceed federal requirements.

Overview

• Washington created a new section of state law establishing immigrant worker protections tied to federal employment eligibility inspections.

• The law applies broadly to employers with one or more workers in Washington, including public and private employers, and protects workers regardless of immigration status.

• The key employer-facing notice, posting, retaliation, and enforcement sections begin on October 1, 2026.

• Within five business days of receiving a federal notice of inspection, employers must notify employees and any authorized representatives.

• Notices must include: the inspecting agency, inspection date, records requested, and a copy of the official notice.

• If inspection results identify affected workers, employers must provide individualized notice of the results, deficiencies, applicable correction timelines, and available rights, using the worker’s primary language of communication.

• Employers must post the Attorney General’s immigrant worker rights poster and may not retaliate against workers for exercising rights under the law.

• The law also limits verification-related conduct. Employers are not required to conduct self-audits and may not impose verification or reverification requirements beyond federal law.

Why This Matters

Federal employment eligibility inspections often involve short response timelines, and this law adds Washington-specific communication duties that will require coordination among human resources, legal, and operations teams.

For employers, the biggest practical risk is that failure to provide timely and compliant notices can trigger state penalties and private litigation, even if the underlying federal inspection is separately resolved.

The law also raises day-to-day management risk because informal communications, threats, or actions tied to immigration status may now create stronger retaliation exposure under Washington law.

Key Risks for Employers

• Penalties of $500 per worker, per violation may apply, increasing to $1,000 per worker for willful violations.

• Workers or their representatives may bring private civil actions seeking damages tied to noncompliance, along with attorneys’ fees.

• Retaliation, intimidation, or immigration-status-based threats may expose employers to enforcement by the Washington Attorney General.

• Multi-state employers risk compliance failures if Washington-specific inspection notice and posting procedures are not clearly documented and followed.

Additional Information

The Attorney General is expected to publish the official worker notice poster, model notices, and employer guidance before the October 1, 2026, employer-obligation date.

Employers should use the period before October 1, 2026, to prepare required postings, inspection-response communications, and manager training so they are ready once the operative employer obligations begin.

Source References

• Washington HB 2105 – Immigrant Worker Protections

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