New Law Enhances Protections for Immigrant Workers in Washington
OLYMPIA — A recently passed state law aims to inform immigrant workers about the federal review of their work authorization records in the U.S. The Immigrant Worker Protection Act mandates that employers notify employees if a federal agency plans to inspect I-9 forms stored at their business. These forms and related documents are essential for verifying an employee’s identity and eligibility to work.
This notification system allows workers to prepare for potential issues, providing them the opportunity to gather necessary documents, consult with advocates or legal counsel, and discuss any implications with their families, including the risk of detention or deportation.
The law has raised concerns among agricultural leaders in Washington, as non-compliance may result in legal repercussions from either the state attorney general or aggrieved workers. Specifically, federal agencies like the Department of Homeland Security and the U.S. Department of Labor are required by law to issue a Notice of Establishment prior to conducting an I-9 inspection.
Once employers receive such a notice, they are required to inform their workers within five business days. Mark Bowers, a staff attorney with Columbia Legal Services, emphasized the importance of clear communication in this process.
Employers must ensure that the notice reaches all employees and is prominently displayed in areas accessible to workers. The bill stipulates that the information must be available in both English and the state’s top five non-English languages, with the state Attorney General’s Office tasked with developing a model notice for compliance.
In addition to the posted notices, employers are obligated to communicate this information through standard channels such as text messages or regular mail. Following the completion of inspections, employers must also inform affected employees of the outcomes within five business days.
Industry Voices Express Concerns Over Economic Impact
Despite the intention behind the bill, Enrique Gastelum, CEO of the Workers and Farmers Labor Association, expressed apprehension regarding the potential for costly lawsuits. He noted that Washington’s agricultural sector is facing significant financial strain, with farmers projected to spend nearly $400 million more than their earnings in 2024, according to U.S. Department of Agriculture data.
While acknowledging the bill’s protective aims, Gastelum criticized state lawmakers for what he perceives as a detrimental approach that places undue burden on employers. He remarked, “They’re using their employers as meat shields because of their disagreements with the Trump administration. This is bad policy.”
Various factors can trigger issues related to a worker’s I-9 record. A worker’s authorization may have changed or expired inadvertently, or delays in processing renewals by U.S. Citizenship and Immigration Services could leave individuals temporarily ineligible for work. Furthermore, there are instances where employers may unlawfully hire individuals with known unauthorized status or those using forged documents.
Supporters of the Immigrant Worker Protection Act argue that the law aims to create a more equitable environment between employees and employers. Bowers pointed out that the looming threat of legal consequences serves as a deterrent against non-compliance, encouraging best practices among businesses.
With six years of expertise in employment law, Bowers noted instances where employers have used the possibility of I-9 inspections as a tool for coercion against immigrant workers. The new legislation is designed to mitigate such practices and ensure a more level playing field for all parties involved.
Eric Bengel is a participant in the Washington State Murrow Fellowship, a news program funded by the state.
