Committee advances immigrant-worker notice bill after debate over private lawsuits and employer burden

The Washington State Senate Ways and Means Committee moved second substitute House Bill 2105 — a measure aimed at protecting immigrant workers by requiring employers to provide advance notice of federal I-9 inspections and to notify employees of inspection results — with a due-pass recommendation to the Rules Committee after extensive amendment debate.

Staff told the committee the bill would require employers to notify workers of an upcoming I-9 inspection and to provide the results within 72 hours of receiving them from the federal government; it would also direct the attorney general to develop model notices and posters and to conduct outreach during implementation. The fiscal note included estimated AGO implementation costs and flagged potential indeterminate compliance costs for some higher-education institutions.

Lawmakers spent the bulk of discussion on competing amendment packages that would change the notice period, adjust statutory damages and modify enforcement. Senator Torres said she supported an amendment that "extends the notice, to 5 days," arguing a five-business-day window avoids forcing university HR staff to work weekends. Senator Braun urged caution, saying aligning the bill with Illinois-style staggered enforcement could reduce exposure but that the proposal still carries risks for large employers. "The idea that they're gonna perfectly notify just seems unreasonable," Braun said, warning of potential litigation burdens for big institutions.

Senator Saldana (offering a striking amendment) said her version reduced penalties, extended the notice up to 120 hours in some drafts, and preserved avenues for the AGO to resolve complaints; she urged the committee to retain enforcement tools. Senator Gildan, who supported maintaining a private right of action in some amendments, said the measure should protect workers while allowing the AGO the opportunity to resolve complaints by conference or conciliation before litigation.

After adopting a striking amendment and several line amendments, the committee chair called the voice vote. The committee reported HB 2105 out of Ways and Means "as amended by Ways and Means" with a due-pass recommendation to the Rules Committee (subject to signatures). The motion was moved during executive session and the chair announced the bill had received the due-pass recommendation; the transcript does not record a roll-call tally for the final passage.

Next steps: HB 2105, as amended, goes to the Rules Committee for scheduling and potential floor action.