Terms in Federal Law.

Alien.  "Alien" is defined as any person who is not a citizen or national of the United States.

National.  A "national of the United States" is defined as:

• a citizen of the United States; or
• a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

Nonimmigrant Alien.  "Nonimmigrant alien" covers persons who have been granted the right to travel or temporarily reside in the United States.  There are a number of nonimmigrant categories, with each category having its own specific purpose and conditions.  Nonimmigrant classifications include:

• foreign government officials;
• visitors for business or pleasure;
• treaty traders and investors;
• students;
• representatives of foreign information media;
• religious workers; and
• temporary workers and trainees.

Qualified Alien.  "Qualified alien" is defined as a person who, at the time the person applies for or receives a federal public benefit, is:

• lawfully admitted for permanent residence under the INA;
• granted asylum under the INA;
• a refugee admitted under the INA;
• paroled in the United States under the INA;
• having their deportation withheld under the INA;
• granted conditional entry under the INA;
• a Cuban or Haitian entrant, as defined in the Refugee Education Assistance Act of 1980; or
• lawfully residing in the United States with a Compact of Free Association.

United States Issued Alien Number.  An "alien registration number" is a unique number assigned by the Department of Homeland Security to track and identify a person across the United States immigration system.  The number appears on immigration forms and petitions, including green card and asylum applications, that a person may file.

Related Federal Law.

Application and Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens.  Federal law requires that any nonimmigrant alien temporarily bringing firearms or ammunition into the United States for lawful hunting or sporting purposes must first obtain approval of an "ATF-6 NIA Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens" from the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Immigration and Nationality Act.  The Immigration and Nationality Act (INA) confers United States nationality, but not United States citizenship, on persons born in "an outlying possession of the United States" or born of a parent or parents who are noncitizen nationals who meet certain physical presence or residence requirements.  The INA defines the term "outlying possessions of the United States" as American Samoa and Swains Island.

Terms in State Law.

Some Washington laws describe certain nonhuman entities using the term "alien."  In general, the term "alien" is used to describe entities that are organized or incorporated under laws other than those of Washington.  For example, an "alien bank" is defined as a bank organized under the laws of a foreign country and having its principal place of business in that country, the majority of the beneficial ownership and control of which is vested in citizens of countries other than the United States.  An "alien insurer" is defined as an insurer formed under the laws of a nation other than the United States.

A "foreign or alien carrier" is defined as:

• any carrier that is licensed to do business, but not domiciled, in Washington; or
• any person or entity subject to the Insurance Commissioner's general authority that is not domiciled in Washington.

Terminology in Government Documents.

All state and local government statutes and other official documents enacted after July 1, 2002, are required to use the term "Asian" when referring to persons of Asian descent.  All state and local entities are urged to review their statutes, codes, rules, regulations, and other official documents and revise them to use "Asian" when referring to persons of Asian descent.

Expedited Rulemaking.

A state agency may file notice for the expedited adoption of rules if the proposed rule meets one of the following criteria:

• the proposed rule relates only to internal governmental operations that are not subject to violation by a person;
• the proposed rule adopts or incorporates by reference without material change state and federal statutes or regulations; rules of other state agencies; or industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule;
• the proposed rule only corrects typographical errors, makes address or name changes, or clarifies language of a rule without changing its effect;
• the content of the proposed rule is explicitly and specifically dictated by statute;
• the proposed rule has been the subject of negotiated rulemaking, pilot rulemaking, or some other process that involved substantial participation by interested parties before the development of the proposed rule; or
• the proposed rule is being amended after a certain review process.

The expedited rulemaking process must follow certain requirements.  The agency must file its intent to use the expedited rulemaking process with the Office of the Code Reviser, and the notice is published in the Washington State Register (WSR).  If anyone objects to the expedited process within 45 days after the WSR notice is published, the agency must proceed using the regular rulemaking process.  If no written objections are received during the 45-day public notice period, the agency may enter an order adopting the rule without further notice or public hearing.  The order must be published in accordance with nonexpedited rulemaking procedures.  

"Noncitizen" is defined as an individual who is not a citizen or national of the United States.  "Nonimmigrant citizen" is defined as a person that meets the definition of "nonimmigrant alien" under the Immigration and Nationality Act.

Using "Noncitizen" in State and Local Statutes and Official Documents.

Except where required by federal law or necessary to comply with federal requirements that are a prescribed condition to the allocation of federal funds to the state, all state and local government statutes, codes, rules, regulations, and other official documents enacted after July 1, 2026, must use the term "noncitizen" or other context-appropriate term, instead of the term "alien," when referring to an individual who is not a citizen or national of the United States.  All state and local entities are urged to review their statutes, codes, rules, regulations, and other official documents and revise them to omit the use of the term "alien."

Expedited Rulemaking.  A state agency may use the expedited rulemaking process if the proposed rule only substitutes the term "alien" with the term "noncitizen" or other context-appropriate term and makes necessary grammatical changes and definitions resulting from the substitution, but does not change the effect of the rule.  An agency may proceed with entering an order adopting the rule without further notice or public hearing even if the agency receives written objections to the rule.

Replacing "Alien" with "Noncitizen" in State Law.

Certain uses of the term "alien" are replaced with the term "noncitizen."  In certain instances, the term "alien" is replaced with "person who is not a citizen or national of the United States" to conform with the original meaning of the statute. 

The term "alien" is not replaced with the term "noncitizen" where:

• use of the term is required by federal law or necessary to comply with federal requirements that are a prescribed condition to the allocation of federal funds to the state; or
• the term is used to describe a nonhuman entity.

When Required to Comply with Federal Law or Funding Requirements.  The following references, where use of the term "alien" is required to comply with federal law or funding requirements, are not revised:

• "United States issued alien number";
• "ATF-6 NIA Application and Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens";
• "qualified alien," where required to be consistent with federal immigration law or funding requirements;
• "nonimmigrant alien" and "nonresident alien," where required to be consistent with federal labor law or funding requirements; and
• other references to "nonimmigrant alien," where required to be consistent with other federal law or funding requirements.

When Used to Describe a Nonhuman Entity.  The following references, where the term "alien" is used to describe a nonhuman entity, are not revised:

• "alien banks";
• "alien carriers";
• "alien corporation";
• "alien fraternal benefit societies";
• "Alien Property Custodian";
• "alien steamship company";
• "alien insurers," "alien insurance companies," and "alien companies"; and
• "alien persons," where the definition of "persons" includes individuals, firms, partnerships, corporations, associations, unions, and other organizations capable of suing and being sued in court.