HB 2105, known as the Immigrant Workers Protection Act, is now moving through the Senate. Before passing out of the House, it was amended in the House Appropriations Committee. The amendment added clarification on employer requirements for posting federal I-9 audit notifications in one conspicuous place instead of multiple places, as the bill specified previously. Further changes include updated language instructing employers on how to handle situations involving workers impacted by inspection results. Previously, employers could set a fixed date and time for a meeting with the impacted employee to correct deficiencies in the employment records during the allotted correction period. However, now the employer must include a mutually agreed upon time and date or options for times and dates when giving notice to the impacted employee when scheduling a meeting to correct any record flagged during the federal I-9 audit. Employers will also be required to redact personal information of any other employee from documents provided to the impacted employee.

HB 2105 was heard in the Senate Ways & Means Committee on Thursday, February 26. It will need to pass out of the Senate Ways & Means Committee by the March 2 cutoff to continue. Should the bill pass the committee, it will go to the Rules Committee and await being called to the floor for a vote.

Immigrant worker protections bill advances out of committee with amendments

January 30, 2026

The proposed substitute to HB 2105 passed out of committee with an additional amendment. As outlined, the proposed substitute removed the hand delivery requirement, added documentation of notice delivery, and shifted to a tiered penalty system.

The amendment to the substitute bill eliminated the tiered penalty structure based on number of employees, instead implementing a blanket penalty amount of $1,000 for each failure of an employer to provide satisfactory notice. This penalty amount will be doubled in cases of willful violations. Additionally, the amendment removed the requirement of the Attorney General’s Office to evaluate the efficacy of the maximum civil penalty amount in deterring violations and the discretion to adjust penalty amounts to account for inflation.

We are pleased the legislation still provides the court discretion to waive or reduce penalties in cases of “prompt and good faith efforts.”

The bill has been referred to the House Appropriations Committee. It will need to have a public hearing and pass out of committee ahead of the February 9 fiscal committee cutoff in order to continue the legislative process.

Favorable changes proposed to immigrant workers protections bill

January 16, 2026

Ahead of the Senate Labor & Commerce Committee’s public hearing on SB 5852 scheduled for Tuesday, January 20, the Attorney General’s Office (AGO) has circulated proposed changes that would address many of AWC’s concerns.

The proposed amendment removes all hand delivery requirements for I-9 inspection notifications, allowing employers to instead provide notice of upcoming inspections through all the entity’s existing communication channels, which includes posting in accessible locations and distributing to individual employees via email, mail, or phone. The proposal includes the addition of documentation of delivery, which is fulfilled by documentation of sent mail, time-stamped photographs, or “other reasonable” record maintenance practices.

We are pleased to see the amendment shift away from a harsh penalty system based on multiplier per employee and instead to an employee count system. This shift in penalty structure eases the disproportionate burden that the original bill placed on small employers. See the proposed chart below for the employee count scale. Additionally, AWC is pleased that the proposal grants the AGO discretion to waive or reduce penalties in cases of “prompt and good faith efforts.”

While private right of action remains in the bill, the AGO is tasked with evaluating the efficacy of the maximum civil penalty amount in deterring violations and granted discretion to adjust those amounts as needed and in consideration of inflation.

Dates to remember

HB 2105 is scheduled for executive session in the House Labor & Workplace Standards Committee on January 23 at 10:30 am.

SB 5852 is scheduled for a hearing in the House Labor & Workplace Standards Committee on January 20 at 10:30 am.

AG’s immigrant workers bill is set to be heard in committee

January 9, 2026

The Attorney General’s bill on immigrant worker protections is scheduled for a hearing this week in the House Labor & Workplace Standard Committee.

HB 2105 known as the Immigrant Workers Protection Act, outlines employers’ rights, enacts employer notification requirements for federal I-9 audits, and imposes severe monetary penalties and allows for private right of action for failure to comply without the inclusion of good faith considerations. While AWC appreciates the intent of the bill, we are concerned about the lack of good faith considerations for employers who seek to comply as well as the penalties formula that calculates based on total number of Washington-based employees instead of impacted employees.

We want to hear from you. Please share how you foresee these requirements affecting your city.

Dates to remember

HB 2105 is scheduled for a hearing in the House Labor & Workplace Standards Committee on January 16 at 10:30 am.

AG’s immigrant worker protections pose major potential penalties to employers

December 15, 2025

A bill expanding immigrant worker protections has been proposed by the state’s Attorney General’s Office (AGO) stemming from recent federal immigration enforcement practices targeting workplaces. HB 2105, known as the Immigrant Workers Protection Act and sponsored by Rep. Lillian Ortiz-Self (D–Mukilteo), outlines employers’ rights and enacts major employer notification requirements for federal I-9 audits. There is also a companion bill, SB 5852, sponsored by Sen. Rebecca Saldaña (D–Seattle).

Notification requirements

The bill requires employers to notify all employees and employee representatives, including former employees within the last three years, within 72 hours of the employer’s receipt of notice from a federal agency of I-9 audits. Notifications are to include specifically outlined information and delivery methods for compliance with the act, such as:

• Name of federal agency
• Date employer received notice
• Inspection type
• Copy of received notice from federal agency
• Contact information for statewide immigrant and refugee rights advocacy organizations
• Posted in conspicuous area in office
• Notice provided in the state’s five most common non-English languages
• Notification delivered by hand or phone

Furthermore, employers are required to notify within a 72-hour timeline any “affected worker”—those identified as having work authorization deficiencies by a federal agency—of audit results and corrective actions and timelines required by the employer and employee.

Penalties

Failure to comply would result in steep monetary penalties for employers. There is no penalty exemption for good-faith compliance attempts, and penalties increase with each violation. Monetary penalties are based on the number of violations and are multiplied by the number of Washington-based employees as follows:

• First violation: $2,000
• If found willful, first violation: $5,000
• Second and subsequent violations: $10,000

For example, if an employer of 50 employees is found in violation for the first time, assuming the employer shows good-faith compliance, the penalty as outlined would be $100,000.

Additionally, the bill enables the AGO, current and former workers, and anyone “otherwise injured by a violation” to sue the employer in superior court to recover damages plus attorney fees. The bill states if the court finds violation, it shall award damages up to or equal to actual damages or up to the equivalent of 80 times the hourly Washington state minimum wage per plaintiff, depending on which is greater.

As AWC monitors these bills, we want to hear from you. Please share how you foresee these requirements affecting your city.