Washington enacted a new Immigrant Worker Protection Act this year, and its employer-facing duties are scheduled to take effect on October 1, 2026. The law was passed as 2SHB 2105 (Chapter 240, Laws of 2026), a bill requested by the Attorney General. What makes it worth flagging now is that it applies to essentially every Washington employer—there is no small-business exemption—and it imposes deadlines that start running the moment a federal agency shows up.
The act is built around federal immigration enforcement activity at the worksite—most commonly, a Notice of Inspection of an employer’s Form I-9 records. When an employer receives that kind of federal notice, the act requires the employer to notify affected employees (and any collective-bargaining representative) within a short, fixed window, and to share the results of the inspection with affected workers once they are known. The Attorney General is directed to publish a model notice employers can use, so you are not expected to draft the language yourself.
What the law requires
The law also requires employers post a poster in a conspicuous place informing employees of the notice requirements the act requires.
Why it matters even if you never get audited
Two features make this more than a paperwork item. First, it applies regardless of headcount, so the smallest employers are covered on the same terms as the largest. Second, it is enforced by the Attorney General and carries a private right of action, meaning an employee can sue directly. The practical risk is not that you will mishandle an I-9 audit—it is that you will not know the notice clock has already started when one arrives.
What to do before October 1
- Designate one person who will recognize a federal I-9 Notice of Inspection and know that a Washington notification deadline begins on receipt.
- Watch for the Attorney General’s model notice and keep a copy ready to distribute so you are not scrambling to prepare one under a deadline.
- Separately, run a self-audit of your Form I-9 records now—federal enforcement has increased, and clean records are the best protection whether or not this state notice law is ever triggered.
- If you have represented employees, confirm how and where you would notify their bargaining representative.
The obligations are not onerous, but they are time-sensitive. Building the process before October 1—rather than after a notice lands—is the entire point.
If you have questions about your obligations under Washington’s Immigrant Worker Protection Act, you can reach us at martinkreshon.com or call (206) 929-0609. You can also find reviews for Martin on Google and Avvo.