Immigration Enforcement. The Department of Homeland Security is a federal agency responsible for immigration enforcement. Immigration and Customs Enforcement enforces immigration laws in the United States' interior as well as at the border. Customs and Border Protection prevents people from unlawfully entering the United States.
Keep Washington Working Act. The Keep Washington Working Act required the attorney general to publish model policies for state and local law enforcement agencies, public schools, public health facilities, courthouses, and shelters on limiting immigration enforcement to the fullest extent possible while adhering to federal and state law.
Under the Keep Washington Working Act, these entities must either change their policies to make them consistent with the model policies or notify the attorney general that they are not adopting the changes, state the reasons for not adopting the changes, and provide the attorney general with copies of their policies.
Individual Rights. Individuals have certain rights when interacting with officers of agencies conducting immigration enforcement. These rights do not depend on the individual's immigration status. They include:
Nonpublic Areas. A nonpublic area is defined as any area in which authorized individuals have a reasonable expectation of privacy. A nonpublic area may be established through methods including, but not limited to, mapping signage, key entry, and policies limiting access to authorized individuals.
Early Learning Providers. Except as required by state or federal law, or as required to administer a state or federally supported early learning or child care program, early learning providers may not:
If a worker represented by a union becomes subject to an immigration enforcement action on the early learning or child care site, the early learning provider must contact the worker's collective bargaining representative.
K-12 Schools. Except as required by state or federal law or as required to administer a state or federally supported educational program, school district employees may not:
If an employee represented by a union becomes subject to an immigration enforcement action on the school site, the school district must contact the employee's collective bargaining representative.
By the beginning of the 2027-28 school year, each school district board of directors is required to adopt or amend a policy and procedure for limiting immigration enforcement in schools.
Healthcare Facilities and Adult Family Homes. Health care facilities and adult family homes must develop policies to designate areas as public or nonpublic.
Unless required by state or federal law, a health care facility or adult family home and its personnel may not allow any person to access the nonpublic areas of the facility or home for immigration enforcement purposes, unless the person has a judicial warrant or court order that specifically grants access to the nonpublic areas of the facility or home. Health care facilities and adult family homes must inform staff and relevant volunteers on how to respond to requests relating to immigration enforcement that grant access to health care facility sites, adult family homes, patients, or residents.
Higher Education Institutions. The governing boards of institutions of higher education must develop policies to designate areas of those institutions as public or nonpublic.
Faculty, employees, and volunteers of an institution of higher education may not allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of the institution without a judicial warrant or court order.
Elections. During primaries, general elections, and special elections, a county auditor must designate as nonpublic any place where ballots are handled, processed, counted, or tabulated.
Unless required by state or federal law, any election officer, or any worker or volunteer of a county auditor's office, may not allow any person conducting immigration enforcement to access places where ballots are handled, processed, counted, or tabulated, unless the person has a valid judicial warrant or court order that specifically grants access to these areas. The county auditor must inform election officers, workers, and volunteers on how to respond to requests relating to immigration enforcement that grant access to places where ballots are handled, processed, counted, or tabulated.
The committee recommended a different version of the bill than what was heard. PRO: Communities are stronger and safer when people are not forced to live in fear. ICE has been operating in communities without judicial warrants and targeting people who are brown, black, and Asian. This bill protects sensitive spaces. It ensures Washingtonians can go to school and go to medical appointment without fear. People need to feel safe in places where they learn, heal, and vote. Public institutions must be places of trust and care. Collecting personal information without necessity erodes trust and deepens harms. This bill responsibly limits the collection and disclosure of personal data. These protections are essential for safeguarding privacy and preventing misuse of information. This legislation does not prohibit federal immigration enforcement; it just limits where it can occur. Clarity matters because uncertainty around enforcement creates a chilling effect. Early learning and childcare providers serve children at their most vulnerable, and child care sites must remain safe and predictable environments for children. People want to be near college campuses without worrying about immigration enforcement. Many undocumented college students live with constant anxiety. Students should be notified when ICE is nearby. Given recent tragedies, ICE has proved that no one is safe. Students should focus on learning, not worrying about being detained in a classroom. This bill doubles down on making sure young people are educated about the rights they possess. Public funds should never be used to fund human rights abuses. People in ICE detention have suffered severe medical neglect.
OTHER: The definition of healthcare facilities should be changed. There need to be model policies to provide appropriate guidance. There needs to be a mechanism to ensure enforcement of the bill's provisions. Childcare providers should be empowered rather than experience confusion, risk, and legal exposure. There is a need for technical assistance, as there is a diversity of providers and setting types to meet the needs of children and families. Many childcare providers are run by small family businesses that would significantly benefit from guidance on how to best designate nonpublic areas, review judicial warrants, and protect confidential information. The bill should not be so specific about how a hospital is supposed to designate a nonpublic space.
PRO: This bill is essential to protecting students on our campuses. Our state has made huge progress in allowing Washington residents of any status access residential tuition, state financial aid, and professional licenses. Without necessary protections to ensure that students feel safe on campuses, we risk students dropping out and not completing their degrees and not entering our workforce.
PRO: Sienna Jarrard, Washington Student Association.