Summary At a Glance
- Washington has enacted new employer obligations related to federal immigration inspections, with the law generally effective June 11, 2026, and notice/enforcement provisions effective October 1, 2026.
- Employers must provide written notice to workers and their representatives within five business days of receiving an inspection notice and again within five business days of receiving results identifying potential work authorization issues.
- The state will issue required posters and model notices by September 1, 2026, and employers must also understand limits on granting access to non-public areas or records without proper legal authority.
The Washington State Legislature has passed the Immigrant Worker Protection Act, which establishes new requirements for employers during federal immigration inspections. While the law generally goes into effect on June 11, 2026, specific provisions regarding workplace notices and enforcement actions take effect on October 1, 2026. This legislation is intended to provide employers with clarity regarding their rights and responsibilities when engaging with federal agencies, such as those conducting Form I-9 inspections.
Under the new law, employers must provide a written notice to all workers and their authorized representatives within five business days of receiving an inspection notification from a federal agency. Additionally, if an inspection identifies potential authorization deficiencies, the employer must notify the “affected workers” within five business days of receiving those results. To protect employees, the act makes it unlawful to take adverse actions, such as threats based on immigration status, against workers for exercising their rights under this chapter. Failure to comply with these notice requirements can result in statutory damages.
Recommended Next Steps for Employers
To ensure compliance before the October deadline, employers should monitor the Washington Attorney General’s website for the mandatory workplace poster and model notice templates, which will be available in multiple languages by September 1, 2026. Organizations should also review their internal communication protocols to ensure they can provide proof of delivery for notices via hand delivery, mail, email, or text. Finally, leadership teams should review the state-provided guidance on an employer’s right to restrict federal access to non-public areas and private records without a judicial warrant or subpoena.
Taking proactive steps now will help employers meet the new requirements and respond to inspections with greater clarity and confidence as the law is implemented.
