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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 new sections 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; and creating a new section. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. A new section is added to chapter 43.216 8
RCW to read as follows: 9
(1) Except as required by state or federal law, or as required to 10
administer a state or federally supported early learning or child 11
care program, early learning providers may not do either of the 12
following: 13
(a) Collect information or documents regarding immigration or 14
citizenship status of students or their family members; or15
(b) Allow an officer or employee of an agency conducting 16
immigration enforcement to enter a nonpublic area of an early 17
learning or child care site for any purpose without being presented 18
with a valid judicial warrant, judicial subpoena, or a court order. 19
An early learning provider shall, to the extent practicable, request 20
a valid form of identification from an officer or employee of an 21
S-3473.2
SENATE BILL 5906
State of Washington 69th Legislature 2026 Regular Session
By Senators Hansen, Valdez, Bateman, Chapman, Frame, Hasegawa, Hunt,
Nobles, Pedersen, Salomon, Slatter, Stanford, and C. Wilson
Prefiled 12/17/25. Read first time 01/12/26. Referred to Committee
on Law & Justice.
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agency conducting immigration enforcement seeking to enter a 1
nonpublic area of an early learning or child care site. This 2
subsection may not be construed to limit an early learning provider's 3
right to consult with counsel or challenge the validity of a judicial 4
warrant, judicial subpoena, or court order in a court of competent 5
jurisdiction. 6
(2) The early learning provider shall, in a timely manner, report 7
to the department any request for information or access to an early 8
learning or child care site by any officer or employee of a law 9
enforcement agency for the purpose of enforcing immigration laws. Any 10
report made under this subsection must be provided in a manner that 11
ensures the confidentiality and privacy of any potential identifying 12
information. 13
(3) If an early learning provider is aware that a child's parent 14
or legal guardian is not available to care for the student, the early 15
learning provider shall first exhaust any parental instruction 16
relating to the child's care in the emergency contact information it 17
has for the child to arrange for the child's care. An early learning 18
provider is encouraged to work with parents or legal guardians to 19
update the emergency contact information and not contact the 20
department to arrange for the child's care unless the early learning 21
provider is unable to arrange for care through the use of emergency 22
contact information or other information or instructions provided by 23
the parent or legal guardian. 24
(4) The early learning provider shall provide information to 25
parents and guardians, as appropriate, regarding their children's 26
eligibility for certain early learning programs regardless of 27
immigration or citizenship status or religious beliefs. This 28
information must include "know your rights" immigration enforcement 29
information established by the attorney general and may be provided 30
in an annual notification to parents and legal guardians or any other 31
cost-effective means determined by the early learning provider.32
(5) This section does not prohibit or restrict any governmental 33
entity or official from sending to, or receiving from, federal 34
immigration authorities, information regarding the immigration or 35
citizenship status, lawful or unlawful, of an individual, or from 36
requesting from federal immigration authorities immigration status 37
information, lawful or unlawful, or any individual, or maintaining or 38
exchanging that information with any other federal, state, or local 39
governmental entity, pursuant to 8 U.S.C. Secs. 1373 and 1644.40
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(6) For the purposes of this section, the following definitions 1
apply: 2
(a) "Early learning providers" include, but are not limited to, 3
licensed or certified child care centers, family home providers, and 4
outdoor nature-based child care providers; early childhood education 5
and assistance program providers; birth to three early childhood 6
education and assistance program providers; head start and early head 7
start programs; private and nonprofit preschool; home visitation 8
programs; and early intervention services providers;9
(b) "Immigration enforcement" includes any and all efforts to 10
investigate, enforce, or assist in the investigation or enforcement 11
of any federal civil immigration law, and any and all efforts to 12
investigate, enforce, or assist in the investigation or enforcement 13
of any federal criminal immigration law that penalizes a person's 14
presence in, entry, or reentry to, or employment in, the United 15
States; and 16
(c) "Provider" includes any officers, employees, agents, or 17
contractors of the early learning provider. 18
NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 19
RCW to read as follows: 20
(1) Except as required by state or federal law or as required to 21
administer a state or federally supported educational program, school 22
district employees may not do either of the following:23
(a) Collect information or documents regarding immigration or 24
citizenship status of students or their family members; or25
(b) Allow an officer or employee of an agency conducting 26
immigration enforcement to enter a nonpublic area of a school site 27
for any purpose without being presented with a valid judicial 28
warrant, judicial subpoena, or a court order. A school district 29
employee shall, to the extent practicable, request a valid form of 30
identification from an officer or employee of an agency conducting 31
immigration enforcement seeking to enter a nonpublic area of a school 32
site. This subsection may not be construed to limit a school 33
district's or employee's right to consult with counsel or challenge 34
the validity of a judicial warrant, judicial subpoena, or court order 35
in a court of competent jurisdiction. 36
(2) In accordance with the federal family educational rights and 37
privacy act of 1974, 20 U.S.C. Sec. 1232g and RCW 28A.605.030, school 38
district employees may not disclose or provide in writing, verbally, 39
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or in any other manner, the education records of or any information 1
about a student or a student's family and household without the 2
written consent of the student's parent or legal guardian including, 3
but not limited to, personal information about the student's home and 4
information about the student's travel schedule, to an officer or 5
employee of an agency conducting immigration enforcement absent a 6
valid judicial warrant, judicial subpoena, or court order directing 7
the school district or its employee to do so. Any disclosure of a 8
student's education records pursuant to a valid judicial warrant, 9
judicial subpoena, or court order must be in accordance with the 10
parent notification requirements set forth in 34 C.F.R. Part 99 Sec. 11
31(a)(9)(ii). 12
(3) The school district superintendent shall, in a timely manner, 13
report to the school district board of directors any request for 14
information or access to a school site by any officer or employee of 15
a law enforcement agency for the purpose of enforcing immigration 16
laws. Any report made under this subsection must be provided in a 17
manner that ensures the confidentiality and privacy of any potential 18
identifying information. 19
(4) If school district employees are aware that a student's 20
parent or legal guardian is not available to care for the student, 21
the school shall first exhaust any parental instruction relating to 22
the student's care in the emergency contact information it has for 23
the student to arrange for the student's care. A school is encouraged 24
to work with parents or legal guardians to update the emergency 25
contact information and not contact the department of children, 26
youth, and families to arrange for the student's care unless the 27
school is unable to arrange for care through the use of emergency 28
contact information or other information or instructions provided by 29
the parent or legal guardian. 30
(5) The school district board of directors shall provide 31
information to parents and legal guardians, as appropriate, regarding 32
their children's right to a free public education, regardless of 33
immigration or citizenship status or religious beliefs. This 34
information must include "know your rights" immigration enforcement 35
information established by the attorney general and may be provided 36
in an annual notification to parents and legal guardians or any other 37
cost-effective means determined by the school district.38
(6) This section does not prohibit a school district from 39
establishing heightened standards and protections.40
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(7)(a) By July 1, 2026, the Washington state school directors' 1
association shall ensure its model policy on limiting immigration 2
enforcement in schools considers, at minimum, all of the following:3
(i) Procedures related to requests for access to school grounds 4
for purposes related to immigration enforcement; 5
(ii) Procedures for school district employees to notify the 6
superintendent of the school district if an individual requests or 7
gains access to school grounds for purposes related to immigration 8
enforcement; and 9
(iii) Procedures for responding to requests for personal 10
information about students or their family members for purposes of 11
immigration enforcement. 12
(b) The Washington state school directors' association shall, no 13
later than July 1, 2027, update the model policies on limiting 14
immigration enforcement in schools described in (a) of this 15
subsection to ensure that these policies align with the prohibition 16
applicable to school district employees as described in subsection 17
(1)(b) of this section, and the requirements for school districts, as 18
described in this section. 19
(8)(a) By the beginning of the 2027-28 school year, each school 20
district board of directors shall adopt or amend, if necessary, a 21
policy and procedure that, at a minimum, incorporates the model 22
policy and procedures described in subsection (7) of this section.23
(b) A school district shall maintain its policy and procedures 24
adopted pursuant to (a) of this subsection and make that policy 25
available to the office of the superintendent of public instruction 26
upon request. 27
(9) School districts may be subject to monitoring and auditing by 28
the office of the superintendent of public instruction to ensure 29
compliance with the requirements of subsection (8) of this section.30
(10) This section does not prohibit or restrict any governmental 31
entity or official from sending to, or receiving from, federal 32
immigration authorities, information regarding the immigration or 33
citizenship status, lawful or unlawful, of an individual, or from 34
requesting from federal immigration authorities immigration status 35
information, lawful or unlawful, or any individual, or maintaining or 36
exchanging that information with any other federal, state, or local 37
governmental entity, pursuant to 8 U.S.C. Secs. 1373 and 1644.38
(11) This section governs school operation and management under 39
RCW 28A.710.040 and 28A.715.020 and applies to charter schools 40
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established under chapter 28A.710 RCW and state-tribal education 1
compact schools subject to chapter 28A.715 RCW to the same extent as 2
it applies to school districts. 3
(12) For the purposes of this section, the following definitions 4
apply: 5
(a) "Immigration enforcement" has the same meaning as defined in 6
section 1 of this act; 7
(b) "Personal information" means any information that is 8
maintained by an agency that identifies or describes an individual 9
including, but not limited to, the individual's name, social security 10
number, physical description, home address, home telephone number, 11
education financial matters, and medical or employment history, and 12
includes statements made by, or attributed to, the individual;13
(c) "School district employee" means an officer, employee, agent, 14
or contractor of a school district; and 15
(d) "School site" means an individual public school campus, an 16
area where a school-sponsored activity is currently being held, or a 17
school bus or other transportation provided by a school district.18
NEW SECTION. Sec. 3. A new section is added to chapter 70.02 19
RCW to read as follows: 20
(1) Except as expressly authorized pursuant to this chapter, or 21
as required by state or federal law, health care providers and 22
carriers and health care service contractors as defined in RCW 23
48.44.010, may not disclose medical information for immigration 24
enforcement. 25
(2)(a) Health care personnel shall immediately notify health care 26
provider entity management, administration, or legal counsel of any 27
request for access to a health care provider entity site or patient 28
for immigration enforcement. 29
(b) Health care personnel shall immediately provide any request 30
for review of health care provider documents, including through a 31
lawfully issued judicial subpoena, judicial warrant, or court order, 32
to health care facility management, administration, or legal counsel.33
(c) If a request is made to access a health care facility site or 34
patient, including to obtain information about a patient or the 35
patient's family, for immigration enforcement, health care personnel 36
shall direct that request to the designated health care facility 37
management, administration, or legal counsel. 38
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(3) For purposes of this section, "health care facilities" has 1
the same meaning as in RCW 70.37.020. 2
NEW SECTION. Sec. 4. A new section is added to chapter 70.02 3
RCW to read as follows: 4
(1) To enhance privacy available to facility users and promote a 5
safe environment conducive to the facility's mission and patient 6
care, health care facilities, as defined in RCW 70.37.020, shall 7
designate areas where patients are receiving treatment or care, or 8
where a patient is discussing protected health information, as 9
nonpublic. The facility is encouraged to designate these areas 10
through mapping signage, key entry, policy, or a combination of 11
those. 12
(2) Unless required by state or federal law, a health care 13
facility and its personnel may not allow any person access to the 14
nonpublic areas of the facility as described in subsection (1) of 15
this section, for immigration enforcement purposes, unless the person 16
has a valid judicial warrant or court order that specifically grants 17
access to the nonpublic areas of the facility. 18
(3) A health care facility and its personnel shall, to the extent 19
possible, have the denial of permission for access to nonpublic areas 20
of the facility pursuant to subsection (2) of this section witnessed 21
and documented by at least one other health care facility employee.22
(4) Health care facilities shall inform staff and relevant 23
volunteers on how to respond to requests relating to immigration 24
enforcement that grants access to health care facility sites or to 25
patients. 26
(5) For purposes of this section, "immigration enforcement" has 27
the same meaning as defined in section 1 of this act.28
NEW SECTION. Sec. 5. A new section is added to chapter 28B.10 29
RCW to read as follows: 30
(1) Each institution of higher education shall, to the fullest 31
extent consistent with state and federal law: 32
(a) Refrain from disclosing personal information about students 33
and employees except: 34
(i) With the consent of the person identified, or if the person 35
is under 18 years of age, with the consent of the parent or legal 36
guardian of the person identified; 37
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(ii) As may legally be disclosed under state and federal privacy 1
laws; 2
(iii) For the programmatic purpose for which the information was 3
obtained; 4
(iv) As part of a directory that does not include residence 5
addresses or individual persons' course schedules and that the person 6
has not elected to opt out of; or 7
(v) In response to a judicial warrant, court order, or judicial 8
subpoena; 9
(b) Advise all students and employees to notify the office of the 10
president, or their designee, as soon as possible, if an immigration 11
officer is expected to enter, will enter, or has entered the campus 12
to execute a federal immigration order; 13
(c) Notify the person's emergency contact that the person has 14
been taken into custody as soon as possible if there is reason to 15
suspect that a student or employee has been taken into custody as a 16
result of an immigration enforcement action; 17
(d) Comply with a request from an immigration officer for access 18
to nonpublic areas of the campus only upon presentation of a judicial 19
warrant, judicial subpoena, or court order. This subsection does not 20
apply to an immigration officer's request for access to or for 21
information related to the operation of international student or 22
employee programs, employment verification efforts, or other 23
nonenforcement activities; 24
(e) Advise all students and employees responding to or having 25
contact with an immigration officer executing a federal immigration 26
order, to direct the immigration officer to the office of the 27
president, or their designee, for purposes of verifying the legality 28
of any judicial warrant, court order, or judicial subpoena;29
(f) Designate a staff person to serve as a point of contact for 30
any student or employee who may or could be subject to an immigration 31
order or inquiry on campus. Unless the disclosure is permitted by 32
state and federal education privacy law, employees are prohibited 33
from discussing the personal information, including immigration 34
status, of any student or employee with anyone, or revealing that 35
personal information to anyone. This subsection may not be construed 36
as requiring an institution of higher education to hire staff to 37
fulfill the requirements of this subsection (1)(f);38
(g) Maintain a contact list of legal services providers who 39
provide legal immigration representation, and provide it free of 40
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charge to any and all students who request it. The list must include, 1
but is not limited to, the provider's name and contact number, email 2
address, and office address; 3
(h)(i) Post on its website in a conspicuous location, and provide 4
via email quarterly or each semester to all students and employees:5
(A) A copy of the contact list adopted pursuant to (g) of this 6
subsection; and 7
(B) Guidance informing them of their rights under state and 8
federal immigration laws and how to respond to federal immigration 9
actions or orders; 10
(ii) Update the information posted on its website pursuant to 11
(h)(i) of this subsection as often as is necessary to reflect any 12
changes to federal and state immigration laws and institutional 13
policies and procedures; and 14
(i) In the event that an undocumented student is subject to a 15
federal immigration order, ensure that all of the following occur:16
(i) In the event that an undocumented student is detained, 17
deported, or is unable to attend to the student's academic 18
requirements due to the actions of an immigration officer in relation 19
to a federal immigration order, the institution of higher education 20
shall make all reasonable efforts to assist the student in retaining 21
any eligibility for financial aid, fellowship stipends, exemption 22
from nonresident tuition fees, funding for research or other 23
educational projects, housing stipends or services, or other benefits 24
the student has been awarded or received, and permit the student to 25
be reenrolled if and when the student is able to return to the 26
institution of higher education. Institutions of higher education 27
should make reasonable and good faith efforts to provide for a 28
seamless transition in a student's reenrollment and reacquisition of 29
campus services and supports; 30
(ii) That staff is available to assist, in a sensitive manner, 31
undocumented students, and other students, employees, faculty, and 32
staff who may be subject to a federal immigration order or inquiry, 33
or who may face similar issues, and whose education or employment is 34
at risk because of federal immigration actions; 35
(iii)(A) All students, employees, and campus community members 36
who work on campus are notified when the presence of immigration 37
enforcement is confirmed on campus; 38
(B) A notice provided pursuant to (i)(iii)(A) of this subsection 39
must include all of the following: 40
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(I) The date and time the immigration enforcement was confirmed;1
(II) The location of the confirmed immigration enforcement; and2
(III) A hyperlink to additional resources, including the 3
information posted on its website pursuant to this subsection;4
(C) A notice provided pursuant to (i)(iii) of this subsection may 5
not include any personally identifiable information.6
(2)(a) Each campus of each institution of higher education shall 7
notify all students, employees, and other campus community members 8
who work on campus when the presence of immigration enforcement is 9
confirmed, to the fullest extent consistent with state and federal 10
law. 11
(b) A notice provided pursuant to (a) of this subsection must 12
include all of the following: 13
(i) The date and time immigration enforcement was confirmed;14
(ii) The location of the confirmed immigration enforcement; and15
(iii) A hyperlink to additional resources, including the 16
information posted on its website pursuant to subsection (1)(h) of 17
this section. 18
(c) A notice provided pursuant to (a) of this subsection shall 19
not include any personally identifiable information.20
(3) For the purpose of this section, the following definitions 21
apply: 22
(a) "Immigration enforcement" has the same meaning as defined in 23
section 1 of this act; 24
(b) "Immigration officer" means any state, local, or federal law 25
enforcement officer who is seeking to enforce immigration law; and26
(c) "Institution of higher education" has the same meaning as 27
defined in RCW 28B.92.030. 28
NEW SECTION. Sec. 6. A new section is added to chapter 29A.04 29
RCW to read as follows: 30
(1) During primaries, general elections, and special elections, a 31
county auditor shall designate as nonpublic any place where ballots 32
are handled, processed, counted, or tabulated. County auditors are 33
encouraged to designate these areas through mapping signage, key 34
entry, policy, or a combination of those. 35
(2) Unless required by state or federal law, any election 36
officer, or any worker or volunteer of a county auditor's office, may 37
not allow any person access to nonpublic areas as described in 38
subsection (1) of this section for immigration enforcement purposes, 39
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unless the person has a valid judicial warrant or court order that 1
specifically grants access to those nonpublic areas.2
(3) An election officer, or a worker or volunteer of a county 3
auditor's office, shall, to the extent possible, have the denial of 4
permission for access to nonpublic areas pursuant to subsection (2) 5
of this section witnessed and documented by at least one other 6
election officer, worker, or volunteer. 7
(4) The county auditor shall inform election officers, workers, 8
and volunteers on how to respond to requests relating to immigration 9
enforcement that grants access to nonpublic areas as described in 10
subsection (1) of this section. 11
(5) For the purposes of this section, "immigration enforcement" 12
has the same meaning as defined in section 1 of this act.13
NEW SECTION. Sec. 7. If any provision of this act or its 14
application to any person or circumstance is held invalid, the 15
remainder of the act or the application of the provision to other 16
persons or circumstances is not affected.17
NEW SECTION. Sec. 8. This act may be known and cited as the 18
secure and accountable federal enforcement (SAFE) act.19
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