Washington State’s New Immigrant Worker Protection Act: What Employers Need to Know

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Patricia Tsipras

May 27, 2026

On June 11, 2026, Washington State’s House Bill 2105, also known as the Immigrant Worker Protection Act, will take effect.  This legislation introduces new requirements for employers regarding federal immigration inspections and worker protections.  As a business operating in Washington State, understanding and complying with this law is essential to avoid penalties and maintain a compliant workplace.

What Is the Immigrant Worker Protection Act?

The Immigrant Worker Protection Act (HB 2105) builds on Washington State’s 2019 Keep Washington Working Act, expanding protections for immigrant workers.  The law aims to ensure transparency and fairness during federal immigration inspections, such as I-9 (Employment Eligibility Verification) audits, while safeguarding workers’ rights.

Key Employer Obligations Under HB 2105

Employers in Washington State must adhere to several new requirements under the Immigrant Worker Protection Act:

Notification Requirements

•  Federal I-9 Inspections: Employers must notify all employees and their authorized representatives within five business days of receiving notice of a federal I-9 inspection. Notices must be provided in English and the five most common languages spoken in Washington State.
• Affected Employees: If deficiencies are identified during an inspection, employers must provide written notice to affected employees.  This notice must include:

• • A description of the deficiencies
  • The timeframe for correcting the issues
  • The date and time of any meeting to address the deficiencies
  • Information about the employee’s right to representation at that meeting

Posting Requirements

Employers must display posters created by the Attorney General’s Office informing employees of their rights and the inspection process.  These posters must be available in multiple languages and prominently displayed in the workplace.

Prohibition on Retaliation

Employers are prohibited from retaliating against workers who exercise their rights under the Act.  This includes firing, disciplining, or otherwise penalizing employees for asserting their rights.

Restrictions on Voluntary Access

Employers may not voluntarily grant federal agents access to non-public areas of the workplace or employee records without a subpoena or court order, unless otherwise required by federal law.

Penalties and Enforcement Risks

Non-compliance with HB 2105 can result in significant penalties:

• Civil Penalties: Employers face fines for each violation, and those fines can double for willful violations.
• Statutory Damages: Affected workers may bring private lawsuits, with courts authorized to award actual damages or statutory damages equivalent to 40 times the state’s hourly minimum wage.
• Attorney General Enforcement: The Washington Attorney General’s Office can investigate violations and seek damages, attorneys’ fees, and other relief.

Practical Steps for Compliance

 To prepare for HB 2105’s implementation, employers should take the following steps:

• Review Policies and Procedures: Update internal policies to align with the Act’s notification, posting, and access restrictions. Train Human Resources and management staff on the new requirements.
• Develop Communication Plans: Establish protocols for notifying employees of federal inspections and deficiencies. Ensure notices are translated into the required languages.
• Post Required Materials: Obtain and display the Attorney General’s rights posters in prominent workplace locations.
• Consult Legal Counsel: Work with experienced employment attorneys to navigate the interplay between state and federal laws. Conduct a compliance audit to identify and address potential vulnerabilities.
• Engage Employees: Educate employees about their rights under the Act and provide resources for additional support.

The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Washington, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.