Washington State Attorney General Nick Brown after a press conference to discuss the Immigrant Worker Protection Act in Olympia on Friday, December 5, 2025. (Karen Ducey / The Seattle Times)
The Legislature has pre-filed HB 2105 that models after California’s Immigrant Worker Protection Act enacted in 2017. The draft, which originated from the State Attorney General’s Office expands both compliance requirements and penalties well beyond California’s model.
Expanded Compliance Obligations. It would require employers to notify all workers employed at any point during the prior three years with 72-hours of receiving a federal I-9 inspection notice, creating substantial burdens for retailers with high turnover or seasonal operations. It also broadens the definition of “worker records” to include geolocation and biometric data, and restricts voluntary cooperation with federal agencies unless a subpoena or judicial warrant is presented. All these requirements would necessitate employers to create highly complex processes to ensure accurate and timely compliance.
Significant Enforcement Powers and High Penalty Exposure. The draft includes an expansive anti-retaliation section covering termination, schedule changes, reduced hours, pay changes, and threats related to immigration status. It authorizes the Attorney General to issue civil investigative demands and pursue enforcement actions. Most notably, penalties are assessed per Washington-based worker, instead of California’s per-violation approach. This multiplier could result in significant financial exposure for employers of any size. The bill also creates a private right of action with statutory damages equal to 80 times the state minimum wage per worker, plus attorney fees.
WR is seeking employers’ input to work with the AGO and the Legislature as we prepare for the 2026 session.
