Immigration status

AN ACT Relating to amending the statewide policy supporting 1
Washington state's economy and immigrants' role in the workplace; and 2
amending RCW 43.17.425, 10.93.160, and 43.10.315. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 43.17.425 and 2019 c 440 s 5 are each amended to 5
read as follows: 6
(1) Except as provided in subsection (3) of this section, no 7
state agency, including law enforcement, may use agency funds, 8
facilities, property, equipment, or personnel to investigate, 9
enforce, cooperate with, or assist in the investigation or 10
enforcement of any federal registration or surveillance programs or 11
any other laws, rules, or policies that target Washington residents 12
solely on the basis of race, religion, immigration, or citizenship 13
status, or national or ethnic origin. This subsection does not apply 14
to any program with the primary purpose of providing persons with 15
services or benefits, or to RCW 9.94A.685. 16
(2) Except as provided in subsection (3) of this section, the 17
state agencies listed in subsections (5) and (6) of this section 18
shall review their policies and identify and make any changes 19
necessary to ensure that: 20
S-3455.1
SENATE BILL 6264
State of Washington 69th Legislature 2026 Regular Session
By Senators Braun, Christian, Wagoner, Warnick, and J. Wilson
Read first time 01/21/26. Referred to Committee on Law & Justice.
p. 1 SB 6264
(a) Information collected from individuals is limited to the 1
minimum necessary to comply with subsection (3) of this section;2
(b) Information collected from individuals is not disclosed 3
except as necessary to comply with subsection (3) of this section or 4
as permitted by state or federal law; 5
(c) Agency employees may not condition services or request 6
information or proof regarding a person's immigration status, 7
citizenship status, or place of birth; and 8
(d) Public services are available to, and agency employees shall 9
serve, all Washington residents without regard to immigration or 10
citizenship status. 11
(3) Nothing in subsection (1) or (2) of this section prohibits 12
the collection, use, or disclosure of information that is:13
(a) Required to comply with state or federal law;14
(b) In response to a lawfully issued court order;15
(c) Necessary to perform agency duties, functions, or other 16
business, as permitted by statute or rule, conducted by the agency 17
that is not related to immigration enforcement; 18
(d) Required to comply with policies, grants, waivers, or other 19
requirements necessary to maintain funding; ((or))20
(e) In the form of deidentified or aggregated data, including 21
census data; or22
(f) Permitted under RCW 10.93.160 (4) through (6).23
(4) Any changes to agency policies required by this section must 24
be made as expeditiously as possible, consistent with agency 25
procedures. Final policies must be published. 26
(5) The following state agencies shall begin implementation of 27
this section within twelve months after May 21, 2019, and demonstrate 28
full compliance by December 1, 2021: 29
(a) Department of licensing; 30
(b) Department of labor and industries; 31
(c) Employment security department; 32
(d) Department of revenue; 33
(e) Department of health; 34
(f) Health care authority; 35
(g) Department of social and health services; 36
(h) Department of children, youth, and families;37
(i) Office of the superintendent of public instruction;38
(j) State patrol. 39
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(6) The following state agencies may begin implementation of this 1
section by December 1, 2021, and must demonstrate full compliance by 2
December 1, 2023: 3
(a) Department of agriculture; 4
(b) Department of financial institutions; 5
(c) Department of fish and wildlife; 6
(d) Department of natural resources; 7
(e) Department of retirement systems; 8
(f) Department of services for the blind; 9
(g) Department of transportation. 10
Sec. 2. RCW 10.93.160 and 2019 c 440 s 6 are each amended to 11
read as follows: 12
(1) The definitions contained in RCW 43.17.420 apply to this 13
section. 14
(2) The legislature finds that it is not the primary purpose of 15
state and local law enforcement agencies or school resource officers 16
to enforce civil federal immigration law. The legislature further 17
finds that the immigration status of an individual or an individual's 18
presence in, entry, or reentry to, or employment in the United States 19
alone, is not a matter for police action, and that United States 20
federal immigration authority has primary jurisdiction for 21
enforcement of the provisions of Title 8 U.S.C. dealing with illegal 22
entry. 23
(3) School resource officers, when acting in their official 24
capacity as a school resource officer, may not: 25
(a) Inquire into or collect information about an individual's 26
immigration or citizenship status, or place of birth; or27
(b) Provide information pursuant to notification requests from 28
federal immigration authorities for the purposes of civil immigration 29
enforcement, except as required by law. 30
(4) State and local law enforcement agencies may ((not)):31
(a) Inquire into or collect information about an individual's 32
immigration or citizenship status, or place of birth ((unless)) if 33
there is a connection between such information and an investigation 34
into a violation of state or local criminal law or federal civil 35
immigration law; ((or)) and36
(b) Provide such information pursuant to notification requests 37
from federal immigration authorities for the purposes of civil 38
immigration enforcement((, except as required by law)).39
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(5) State and local law enforcement agencies may ((not)) provide 1
nonpublicly available personal information about an individual, 2
including individuals subject to community custody pursuant to RCW 3
9.94A.701 and 9.94A.702, to federal immigration authorities in a 4
((noncriminal)) criminal or federal civil immigration matter((, 5
except as required by state or federal law)). 6
(6)(((a))) State and local law enforcement agencies may ((not)) 7
give federal immigration authorities access to interview individuals 8
about a ((noncriminal)) criminal or federal civil immigration matter 9
while they are in custody ((, except as required by state or federal 10
law, a court order, or by (b) of this subsection.11
(b) Permission may be granted to a federal immigration authority 12
to conduct an interview regarding federal immigration violations with 13
a person who is in the custody of a state or local law enforcement 14
agency if the person consents in writing to be interviewed. In order 15
to obtain consent, agency staff shall provide the person with an oral 16
explanation and a written consent form that explains the purpose of 17
the interview, that the interview is voluntary, and that the person 18
may decline to be interviewed or may choose to be interviewed only 19
with the person's attorney present. The form must state explicitly 20
that the person will not be punished or suffer retaliation for 21
declining to be interviewed. The form must be available at least in 22
English and Spanish and explained orally to a person who is unable to 23
read the form, using, when necessary, an interpreter from the 24
district communications center "language line" or other district 25
resources)). 26
(7) An individual may not be detained solely for the purpose of 27
determining immigration status. 28
(8) ((An)) (a) Except as provided in (b) of this subsection, an 29
individual must not be taken into custody ((, or held in custody, )) 30
solely for the purposes of determining immigration status or based 31
solely on a civil immigration warrant, or an immigration hold 32
request. 33
(b) An individual in the custody of state and local law 34
enforcement agencies may continue to be held in custody based on a 35
civil immigration warrant or an immigration hold request.36
(9)(a) To ensure compliance with all treaty obligations, 37
including consular notification, and state and federal laws, on the 38
commitment or detainment of any individual, state and local law 39
enforcement agencies must explain in writing: 40
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(i) The individual's right to refuse to disclose their 1
nationality, citizenship, or immigration status; and2
(ii) That disclosure of their nationality, citizenship, or 3
immigration status may result in civil or criminal immigration 4
enforcement, including removal from the United States.5
(b) Nothing in this subsection allows for any violation of 6
subsection (4) of this section. 7
(10) A state and local government or law enforcement agency may 8
not deny services, benefits, privileges, or opportunities to 9
individuals in custody, or under community custody pursuant to RCW 10
9.94A.701 and 9.94A.702, or in probation status, on the basis of the 11
presence of an immigration detainer, hold, notification request, or 12
civil immigration warrant, except as required by law or as necessary 13
for classification or placement purposes for individuals in the 14
physical custody of the department of corrections.15
(11) No state or local law enforcement officer may enter into any 16
contract, agreement, or arrangement, whether written or oral, that 17
would grant federal civil immigration enforcement authority or powers 18
to state and local law enforcement officers, including but not 19
limited to agreements created under 8 U.S.C. Sec. 1357 (g), also known 20
as 287(g) agreements. 21
(12)(a) No state agency or local government or law enforcement 22
officer may enter into an immigration detention agreement. All 23
immigration detention agreements must be terminated no later than one 24
hundred eighty days after May 21, 2019, except as provided in (b) of 25
this subsection. 26
(b) Any immigration detention agreement in effect prior to 27
January 1, 2019, and under which a payment was made between July 1, 28
2017, and December 31, 2018, may remain in effect until the date of 29
completion or December 31, 2021, whichever is earlier.30
(13) No state or local law enforcement agency or school resource 31
officer may enter into or renew a contract for the provision of 32
language services from federal immigration authorities, nor may any 33
language services be accepted from such for free or otherwise.34
(14) The department of corrections may ((not)) give federal 35
immigration authorities access to interview individuals about federal 36
immigration violations while they are in custody ((, except as 37
required by state or federal law or by court order, unless such 38
individuals consent to be interviewed in writing. Before agreeing to 39
p. 5 SB 6264
be interviewed, individuals must be advised that they will not be 1
punished or suffer retaliation for declining to be interviewed)).2
(15) ((Subsections (3) through (6))) Subsection (3) of this 3
section ((do)) does not apply to individuals who are in the physical 4
custody of the department of corrections. 5
(16) Nothing in this section prohibits the collection, use, or 6
disclosure of information that is: 7
(a) Required to comply with state or federal law; or8
(b) In response to a lawfully issued court order.9
Sec. 3. RCW 43.10.315 and 2019 c 440 s 7 are each amended to 10
read as follows: 11
To ensure state and law enforcement agencies are able to foster 12
the community trust necessary to maintain public safety, within 13
((twelve)) 12 months of ((May 21, 2019 )) July 1, 2026 , the attorney 14
general must, in consultation with appropriate stakeholders, publish 15
model policies, guidance, and training recommendations consistent 16
with ((chapter 440, Laws of 2019 and state and local law, aimed at 17
ensuring that state and local law enforcement duties are carried out 18
in a manner that limits, to the fullest extent practicable and 19
consistent with federal and state law, engagement with federal 20
immigration authorities for the purpose of immigration enforcement )) 21
chapter . . ., Laws of 2026 (this act) . All state and local law 22
enforcement agencies must either: 23
(1) Adopt policies consistent with that guidance; or24
(2) Notify the attorney general that the agency is not adopting 25
the guidance and model policies, state the reasons that the agency is 26
not adopting the model policies and guidance, and provide the 27
attorney general with a copy of the agency's policies to ensure 28
compliance with ((chapter 440, Laws of 2019 )) chapter . . ., Laws of 29
2026 (this act). 30
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