Data and personal safety

AN ACT Relating to establishing data and personal safety 1
protections within areas of public accommodation for all Washington 2
residents; adding a new section to chapter 43.216 RCW; adding a new 3
section to chapter 28A.320 RCW; adding a new section to chapter 70.02 4
RCW; adding a new section to chapter 28B.10 RCW; adding a new section 5
to chapter 29A.04 RCW; creating a new section; and declaring an 6
emergency. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. A new section is added to chapter 43.216 9
RCW to read as follows: 10
(1) Except as required by state or federal law, or as required to 11
administer a state or federally supported early learning or child 12
care program, early learning providers may not do either of the 13
following: 14
(a) Collect information or documents regarding immigration or 15
citizenship status of students or their family members; or16
(b) Allow an officer or employee of an agency conducting 17
immigration enforcement to enter a nonpublic area of an early 18
learning or child care site for any purpose without being presented 19
with a valid judicial warrant, judicial subpoena, or a court order. 20
An early learning provider shall, to the extent practicable, request 21
H-3049.1
HOUSE BILL 2602
State of Washington 69th Legislature 2026 Regular Session
By Representatives Stonier, Reed, Simmons, Fosse, Santos, Scott,
Kloba, Pollet, Ormsby, and Hill
Read first time 01/21/26. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 2602
a valid form of identification from an officer or employee of an 1
agency conducting immigration enforcement seeking to enter a 2
nonpublic area of an early learning or child care site. This 3
subsection may not be construed to limit an early learning provider's 4
right to consult with counsel or challenge the validity of a judicial 5
warrant, judicial subpoena, or court order in a court of competent 6
jurisdiction. 7
(2) For the purposes of this section, the following definitions 8
apply: 9
(a) "Early learning providers" include, but are not limited to, 10
licensed or certified child care centers, family home providers, and 11
outdoor nature-based child care providers; early childhood education 12
and assistance program providers; birth to three early childhood 13
education and assistance program providers; head start and early head 14
start programs; private and nonprofit preschool; home visitation 15
programs; and early intervention services providers; and16
(b) "Immigration enforcement" includes any and all efforts to 17
investigate, enforce, or assist in the investigation or enforcement 18
of any federal civil immigration law, and any and all efforts to 19
investigate, enforce, or assist in the investigation or enforcement 20
of any federal criminal immigration law that penalizes a person's 21
presence in, entry, or reentry to, or employment in, the United 22
States. 23
(3) Nothing in this section may be construed to create a private 24
right of action on the part of any individual or entity.25
NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 26
RCW to read as follows: 27
(1) Except as required by state or federal law or as required to 28
administer a state or federally supported educational program, school 29
district employees may not do either of the following:30
(a) Collect information or documents regarding immigration or 31
citizenship status of students or their family members; or32
(b) Allow an officer or employee of an agency conducting 33
immigration enforcement to enter a nonpublic area of a school site 34
for any purpose without being presented with a valid judicial 35
warrant, judicial subpoena, or a court order. A school district 36
employee shall, to the extent practicable, request a valid form of 37
identification from an officer or employee of an agency conducting 38
immigration enforcement seeking to enter a nonpublic area of a school 39
p. 2 HB 2602
site. This subsection may not be construed to limit a school 1
district's or employee's right to consult with counsel or challenge 2
the validity of a judicial warrant, judicial subpoena, or court order 3
in a court of competent jurisdiction. 4
(2) This section does not prohibit a school district from 5
establishing heightened standards and protections. 6
(3)(a) By the beginning of the 2027-28 school year, each school 7
district board of directors shall adopt or amend, if necessary, a 8
policy and procedure for limiting immigration enforcement in schools 9
that is in accordance with this section. 10
(b) A school district shall maintain its policy and procedures 11
adopted pursuant to (a) of this subsection and make that policy 12
available to the office of the superintendent of public instruction 13
upon request. 14
(4) This section governs school operation and management under 15
RCW 28A.710.040 and 28A.715.020 and applies to charter schools 16
established under chapter 28A.710 RCW and state-tribal education 17
compact schools subject to chapter 28A.715 RCW to the same extent as 18
it applies to school districts. 19
(5) For the purposes of this section, the following definitions 20
apply: 21
(a) "Immigration enforcement" has the same meaning as defined in 22
section 1 of this act; 23
(b) "School district employee" means an officer, employee, agent, 24
or contractor of a school district; and 25
(c) "School site" means an individual public school campus, an 26
area where a school-sponsored activity is currently being held, or a 27
school bus or other transportation provided by a school district.28
(6) Nothing in this section may be construed to create a private 29
right of action on the part of any individual or entity.30
NEW SECTION. Sec. 3. A new section is added to chapter 70.02 31
RCW to read as follows: 32
(1) To enhance privacy available to facility users and promote a 33
safe environment conducive to the facility's mission and patient 34
care, health care facilities, as defined in RCW 70.37.020, shall 35
designate areas where patients are receiving treatment or care, or 36
where a patient is discussing protected health information, as 37
nonpublic. The facility is encouraged to designate these areas 38
p. 3 HB 2602
through mapping signage, key entry, policy, or a combination of 1
those. 2
(2) Unless required by state or federal law, a health care 3
facility and its personnel may not allow any person access to the 4
nonpublic areas of the facility as described in subsection (1) of 5
this section, for immigration enforcement purposes, unless the person 6
has a valid judicial warrant or court order that specifically grants 7
access to the nonpublic areas of the facility. 8
(3) A health care facility and its personnel shall, to the extent 9
possible, have the denial of permission for access to nonpublic areas 10
of the facility pursuant to subsection (2) of this section witnessed 11
and documented by at least one other health care facility employee.12
(4) Health care facilities shall inform staff and relevant 13
volunteers on how to respond to requests relating to immigration 14
enforcement that grants access to health care facility sites or to 15
patients. 16
(5) For purposes of this section, "immigration enforcement" has 17
the same meaning as defined in section 1 of this act.18
(6) Nothing in this section may be construed to create a private 19
right of action on the part of any individual or entity.20
NEW SECTION. Sec. 4. A new section is added to chapter 28B.10 21
RCW to read as follows: 22
(1) Governing boards shall identify and designate the nonpublic 23
areas of institutions of higher education. Governing boards are 24
encouraged to designate these areas through mapping signage, key 25
entry, policy, or a combination of those. 26
(2) Faculty, employees, and volunteers of an institution of 27
higher education may not allow an officer or employee of an agency 28
conducting immigration enforcement to enter a nonpublic area of the 29
institution for any purpose without being presented with a valid 30
judicial warrant, judicial subpoena, or a court order. A faculty 31
member, employee, or volunteer shall, to the extent practicable, 32
direct the immigration officer to the office of the president, or 33
their designee, for purposes of verifying the legality of any 34
judicial warrant, court order, or judicial subpoena. This subsection 35
may not be construed to limit an institution's or individual's right 36
to consult with counsel or challenge the validity of a judicial 37
warrant, judicial subpoena, or court order in a court of competent 38
jurisdiction. 39
p. 4 HB 2602
(3) This section does not prohibit an institution of higher 1
education from establishing heightened standards and protections.2
(4) For the purpose of this section, the following definitions 3
apply: 4
(a) "Immigration enforcement" has the same meaning as defined in 5
section 1 of this act; 6
(b) "Immigration officer" means any state, local, or federal law 7
enforcement officer who is seeking to enforce immigration law; and8
(c) "Institution of higher education" has the same meaning as 9
defined in RCW 28B.92.030. 10
(5) Nothing in this section may be construed to create a private 11
right of action on the part of any individual or entity.12
NEW SECTION. Sec. 5. A new section is added to chapter 29A.04 13
RCW to read as follows: 14
(1) During primaries, general elections, and special elections, a 15
county auditor shall designate as nonpublic any place where ballots 16
are handled, processed, counted, or tabulated. County auditors are 17
encouraged to designate these areas through mapping signage, key 18
entry, policy, or a combination of those. 19
(2) Unless required by state or federal law, any election 20
officer, or any worker or volunteer of a county auditor's office, may 21
not allow any person access to nonpublic areas as described in 22
subsection (1) of this section for immigration enforcement purposes, 23
unless the person has a valid judicial warrant or court order that 24
specifically grants access to those nonpublic areas.25
(3) An election officer, or a worker or volunteer of a county 26
auditor's office, shall, to the extent possible, have the denial of 27
permission for access to nonpublic areas pursuant to subsection (2) 28
of this section witnessed and documented by at least one other 29
election officer, worker, or volunteer. 30
(4) The county auditor shall inform election officers, workers, 31
and volunteers on how to respond to requests relating to immigration 32
enforcement that grants access to nonpublic areas as described in 33
subsection (1) of this section. 34
(5) For the purposes of this section, "immigration enforcement" 35
has the same meaning as defined in section 1 of this act.36
(6) Nothing in this section may be construed to create a private 37
right of action on the part of any individual or entity.38
p. 5 HB 2602
NEW SECTION. Sec. 6. If any provision of this act or its 1
application to any person or circumstance is held invalid, the 2
remainder of the act or the application of the provision to other 3
persons or circumstances is not affected.4
NEW SECTION. Sec. 7. This act may be known and cited as the 5
secure and accountable federal enforcement (SAFE) act.6
NEW SECTION. Sec. 8. This act is necessary for the immediate 7
preservation of the public peace, health, or safety, or support of 8
the state government and its existing public institutions, and takes 9
effect immediately.10
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