Workers can sue directly – and the anti-retaliation rules bite hard
Washington just handed every employer in the state a new compliance mandate tied to federal immigration inspections, and HR teams have months to get ready.
Governor Bob Ferguson signed the Immigrant Worker Protection Act into law on March 30, 2026, creating a set of employer notification and anti-retaliation requirements that will reshape how Washington businesses respond to federal I-9 workplace inspections. The law, formally known as Second Substitute House Bill 2105, passed the House 58-38 and the Senate 27-21 before landing on Ferguson's desk. Its core enforcement provisions take effect October 1, 2026.
Here is what it means in practice. When a federal agency notifies an employer of an inspection of I-9 forms and related worker records, that employer has five business days to provide a written notice to each worker and any authorized collective bargaining representative. The notice must include a copy of the federal inspection notice itself, along with the following information in English and the five most commonly used non-English languages in the state: the name of the inspecting federal agency, the date the employer received notice of the inspection, the types of records sought, and contact information for a statewide immigrant and refugee rights organization approved by the Attorney General.
The obligations do not stop there. Once the inspection results come back, the employer has another five...
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