(The Center Square) – Washington state employers could soon face costly fines and lawsuits for failure to notify workers of an upcoming federal I-9 inspection under a bill passed by the Senate on Thursday.
U.S. Immigration and Customs Enforcement conducts the federal audits that verify whether employees are legally authorized to work in the country. ICE typically notifies employers a few days in advance so they can gather records; House Bill 2105 would require employers to use that period to alert workers.
The proposal cleared the House last month with a 56-38 vote, after two Democrats joined Republicans in opposition. The Senate passed it Thursday by a 27-21 vote, with two Democrats joining Republicans again in opposition, sending HB 2105 back to the House for concurrence on the Senate’s amendments.
“This is a messaging bill because there is some disagreement on immigration law, and I warrant that that’s fair for debate,” Senate Republican Leader John Braun said, “but to take that disagreement and use it to create more cost, more risk for employers, seems just fundamentally wrong-headed.”
Sen. Rebecca Saldaña, D-Seattle, said HB 2105 is under consideration because workers are “terrified” as they see a “different kind of tactic” in workplace immigration enforcement. However, I-9 audits date back to 1986 and have been conducted under several administrations before President Donald Trump.
While I-9 inspections have increased significantly under Trump, the economy and immigration topped the list of major issues for his voters. Supporters frame HB 2105 as a way to protect due process, but critics argue it’s another state mandate that could raise costs and lead to lawsuits, driving business away.
In its current form, the proposal would require employers to notify workers within five business days of receiving a notice of inspection. It also restricts when employers can allow immigration agents into certain parts of the workplace and requires them to notify workers of any deficiencies in their records.
HB 2105, as passed by the Senate, would allow the state attorney general to investigate and sue over violations. The bill also imposes a $500 penalty for each missed notice. Workers and former workers could also sue, with the court able to award “actual damages or statutory damages equivalent to 40 times the hourly Washington State minimum wage per plaintiff per violation, whichever is greater.”
“These are the same workers that we rely on every day to make our economy work,” Saldaña said.
The Senate adopted amendments that change the deadline for employers to notify workers from 72 hours to five business days and reduce the penalty for each missed notice from $1,000 to $500. The Senate also reduced the statutory damages from 80 times the state’s minimum wage to 40 times it.
Democrats rejected Republican amendments that would have limited who can sue, prohibited nonprofits that contract with the AGO from representing plaintiffs in private lawsuits, required the AGO to provide free counsel to small businesses and school districts, required funding for associated costs and more.
Braun and his peers said that if Democrats wanted to provide more clarity on work authorization, they should look into E-Verify, which allows employers to verify employment eligibility electronically. Rather, the majority is adding state-level liability on top of the federal I-9 rules, increasing legal exposure.
“It simply makes our state, our employers and therefore our employees, less competitive,” he said.
The House and Senate have until March 12, the last day of the 60-day session, to come to an agreement on the amendments.
